Plaintiff: Federal National Mortgage Association Counsel:
Santo Longo, Esq.
Defendant: Onewest Bank NA Counsel: Pro Se.
Defendant: each LLC Counsel: Pro Se.
Defendant: Midland Funding LLC Counsel: Pro Se.
Defendant: Dept of Treasury Internal Revenue Service Counsel:
Andrew Lizotte, Esq.
Defendant: State of Maine, Maine Revenue Services Counsel:
Defendant: Mortgage Electronic Registration System Counsel:
Defendant: Merrimack Mortgage Company Inc. Counsel:
Christopher Hawkins, Esq.
Defendant: Scott H. Davies Counsel: ProSe.
Defendant: Bank of America NA Counsel: James Coughenour Jr.,
ORDER ON PLAINTIFF'S MOTION FOR SUMMARY
a foreclosure/quiet title case brought by Federal National
Mortgage Association (FNMA) to remove a cloud on its title to
property located in Gorham, Maine. This action is necessary
because several entities and individuals who may hold or
claim interests in the property were not joined as parties in
a previous foreclosure action commenced by FNMA's
predecessor in interest.
FNMA has filed a motion for summary judgment that has been
opposed only by Defendant Bank of America, N.A. (BANA), which
FNMA's amended complaint identifies as a junior mortgage
holder. BANA contends that FNMA's ownership interest is
subject to BANA's mortgage interest under the doctrine of
equitable subrogation. Specifically, BANA contends that,
although its predecessor's mortgage is junior to
FNMA's predecessor's mortgage, BANA's predecessor
paid off a mortgage that was senior to FNMA's
predecessor's mortgage, so BANA is subrogated to the
position of the prior mortgagor and its interest takes
priority over FNMA's interest. The issue of priority as
is the sole contested issue addressed in the motion filings.
argument on FNMA's summary judgment motion was held
August 29, 2017, at which point the court ...