Bank of America V. Long

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tvJI STATE OF MAINE CUMBERLAND, ss SUPERIOR COURT CIVIL ACTION Docket No. RE-13-124 BANK OF AMERICA, N.A., Plaintiff v. ORDER GARY W. LONG, et al., AUG 06 2015 Defendants )rr.: '~r~·r ·iFf) -"'S.~AJik.,& 'ij o..,..~., Before the court is plaintiff's motion for relief and to vacate judgment for defendants. Plaintiff appeared on 3 I 6 I 15, the date for trial, and moved to dismiss the complaint because plaintiff was not prepared for trial and had no witnesses. Judgment was entered in favor of defendants on 4116115. No trial was held and there is no record or evidence on which the court can consider the argument plaintiff now makes. Plaintiff does not address this issue in its reply to defendants' objection. (Def.'s Obj. 6.) Further, assuming the record after trial in the Superior Court established that plaintiff "does not appear to own the mortgage and lacks standing to foreclose," that fact would not provide a basis to vacate a judgment for defendants. See Nationstar Mortgage, LLC v. Halfacre, PORSC-RE-2012-102 (Me. Super. Ct., Cum. Cty., July 23, 2015); (Pl.'s Mot. 3). The entry is Plaintiff's Motion for Relief and to Vacate Judgment for Defendants is DENIED Dated: August 5, 2015 cy Mills Justice, Superior Plaintiff-Jeffrey Hardiman Esq Defendants-Mark Kearns Esq

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