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Federal National Mortgage Association v. Berure

Superior Court of Maine, Cumberland

January 6, 2015

FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff
v.
DANIEL BERURE, et al, Defendants

ORDER

Thomas D. Warren Justice

A trial was held in the above-captioned mortgage foreclosure action on January 5, 2015. As stated on the record, the court reserved decision on one issue - (1) whether the notice of default offered as Exhibit E is admissible as a business record.[1]

Based on Beneficial Maine Inc. v. Carter, 2011 ME 77 ¶¶ 14-16, 25 A.3d 96, the court concludes that Mr. Cooper's testimony indicates that he has no firsthand knowledge about the recordkeeping practices of CitiMortgage and therefore is not a custodian or other qualified witness who can establish that Exhibit E is a business record admissible under M.R.Evid. 803(6).

Defendants did not appear for trial, but the court cannot 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 determination.

The entry shall be:

Judgment entered dismissing the complaint without prejudice. The clerk is directed to incorporate this order in the docket by reference pursuant to Rule 79(a).


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