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Suntrust Mortgage, Inc. v. Reis

Superior Court of Maine, Cumberland

October 3, 2014

SUNTRUST MORTGAGE, INC.,
v.
LESLIE A. REIS, Defendant

ORDER

Nancy Mills, Justice

Before the court is defendant's motion to dismiss and motion for relief from judgment filed February 18, 2014. M.R. Civ. P. 12(h)(3) & 60(b)(1-6). Defendant raises the same arguments in this motion she raised in the motion to set aside judgment of foreclosure and sale filed April 30, 2013. That motion was denied on August 8, 2013. Defendant also raised the same arguments in her appeal. That appeal was dismissed by decision dated May 8, 2014.

Defendant admits plaintiff's motion to vacate dismissal was received. (Def.'s Mot. 6, ¶ ¶ 4-6.)[1] The motion contained the appropriate Rule 7(b)(1)(A) language. Defendant did not object to plaintiff's motion. The motion to vacate dismissal was granted on April 29, 2013.

The judgment of foreclosure and sale was signed April 29, 2013, based on the evidence presented at trial on May 22, 2012. Jurisdiction was not challenged at the time of trial. Any subsequent transfer of the note and mortgage does not deprive the court of subject matter jurisdiction. See M.R. Civ. P. 25(c); see also Unison Realty Corp. v. RKO Theatres, Inc., 35 F.R.D. 232, 233 (S.D.N.Y. 1964) (federal rule that requires an action to be prosecuted in the name of the real party in interest controls commencement of the action but Rule 25(c) controls where transfer takes place while action is pending); Mortgage Elec. Registration Sys., Inc. v. Saunders , 2010 ME 79, ¶ 19 n.6, 2 A.3d 289 (" Rule 25(c) does not require the originally named party to move for substitution.").

The entry is


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