January 6, 2015
FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff
DANIEL BERURE, et al, Defendants
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.
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).