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Federal National Mortgage Association v. Onewest Bank, N.A.

Superior Court of Maine, Cumberland

September 22, 2017

FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff
v.
ONEWEST BANK, N.A. et al. Defendants

          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: Pro Se.

          Defendant: Mortgage Electronic Registration System Counsel: Pro Se.

          Defendant: Merrimack Mortgage Company Inc. Counsel: Christopher Hawkins, Esq.

          Defendant: Scott H. Davies Counsel: ProSe.

          Defendant: Bank of America NA Counsel: James Coughenour Jr., Esq.

          ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

          A. M. HORTON, JUSTICE.

         This is 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.

         Plaintiff 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.

         Oral argument on FNMA's summary judgment motion was held August 29, 2017, at which point the court ...


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