Federal National Mortgage Assn V. Berube

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STATE OF 1\Wl\E CUMBERLAND, ss. SCPFT<!OR COURT CIVIL ACTION Docketl\o. RE-14-198 FI:DUlAL NATIO).!AL MORTGAGE ASSOCIATION, Plainuff ORDER STATE Of ii".A\NE 01'""~-,, .. ,._. DANIEL RFRPBF, d al, -- Gi~r'~SWITce JP..N 0 8 201S Defendants A trial was held in the above-captioned mortgage foreclosure action on January 5, 2015. As stated on the record, the court reserved dcc1sion on one i"u~ - (l) whether the notice of default offered as Exhibit E is admi>Siblc a> a business record. 1 Based on Beneficial .Vaine Inc_ v. Curler, 2011 ::viE 77 ~ 14-16,25 A.3d 96, the court conclude, that Mr. Cooper's testimony indicates that he has no firsthand knowledge about the recordkeeping practices of Citi\1ortgagc and thereli>re is not a custodian or other qualified witness who can establi-;h that Exhibit Eisa business record admissible under .\1.R.Evid. 803(6). Defendants did not appear for trial, but the coun crumot default them without determining that the notice requirements of 14 M_R S. § 6111 have been strictly performed, and if Exhibit E is not admissible, the court cannot make that determinatwn. rhe entry shall he· Judgment entered dismissing lhe complaint without prejudice. The clerk is directed to incorporate thi' onkr in the docket by reference pur,uant to Rule 79(a). 1 Tile court also agreed that it would reconvene the trial at a later date to allow plaintiff to produce the original note in order to prove that It is tile holder of the note. That will no longer be necessary. Dated January JL, 2015 Thoma> D. Warren Justice. Superior Court 2 .. -----~,,- CLEHK OF COURTS Cumberland Cuun~y 20S Ncv,·burv S:reet, Ground Floor Portla~d, 1·/IE 041 01 CHARLES BOYlE ESQ BE!."DETT & MCHUGH PC 30 DANEORTIJ Sfi\J<.f:I SUlTr: 104 PORTLA!."D ME 04101 ' 7k, ~-l,f'fs f'r\--'w r n <e / CLERK OF COURTS C~mberlard County 205 '\Je•Nl).Jry S;root. Grcund Floor Portland_ ME 0-1101 DLINIEL BF.RURE BARBARA BF:RUBE 20 ASHLE:Y LAKE PORTLAND ME 01> I 03 ~'i:'con~"'n'i~

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