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U.S. Bank N.A. v. Carney

Superior Court of Maine, Aroostook

January 11, 2018

U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, a banking company duly organized and existing having a place of business in St. Paul, MN, Plaintiff
v.
Megan L. Carney, of Washburn, Aroostook County, Maine, Defendant And Cary Medical Center, of Portland, Maine, Party-In-Interest

          DECISION AND ORDER REGARDING PLAINTIFF'S COMPLAINT FOR FORECLOSURE

         On or about September 30, 2015 Nationstar Mortgage LLC filed a civil complaint against Megan Carney (hereafter Defendant) seeking foreclosure of mortgage pursuant to 14 M.R.S. §6322 regarding property at 19 Story Street in Washburn, Maine.[1] On September 20, 2017 U.S. Bank National Association (hereafter Bank) was substituted as Plaintiff. A bench trial on the Bank's Complaint for Foreclosure was held November 2, 2017, At trial the bank proffered John Palumbo of Rushmore Loan Management Services as its witness qualified to testify about the business records of the various entities involved. Of note is that Mr, Palumbo has at various times worked either as an employee or as a contractor for the three servicers of the mortgage in question, which include Bank of America, Nationstar, and Rushmore Loan Servicing. Mr, Palumbo demonstrated a knowledge of the regular business practices of each servicer related to record keeping and also the on boarding and integration process when loans are transferred or assigned. And Mr, Palumbo more specifically demonstrated familiarity and knowledge of the method of recording payments, and producing and interpreting payment histories relative to each provider. Accordingly, the Court finds that in general Mr. Palumbo is a witness qualified to lay a proper foundation to admit the business records, including integrated business records per the requirements of M.R.Evid.803(6) and Beneficial Me. Inc. v. Carter. See Key Bank Nat'l Ass 'n v. Estate of Quint, 2017 ME 237[2].

         At trial the Bank offered the following exhibits which were admitted de bene subject to various objections preserved by the Defendant:

A. Copy of Promissory Note dated July 23, 2008 Lorn Defendant to Lender, TD Bank, N.A[3];
B. Mortgage dated July 23, 2008 from Defendant to Mortgage Electronic Registration Services, Inc. (MERS) as nominee for Lender regarding property at 19 Story Street in Washburn, Maine and recorded at SDARD Bk. 4605, p. 290;
C. Assignment of Mortgage dated March 19, 2012 from MERS to Bank of America, NA. successor to Countrywide Home Loans Servicing, L.P.;
D. Corporation Assignment of Mortgage dated January 23, 2013 from Bank of America, N.A. to Nationstar Mortgage LLC;
E. Quitclaim Assignment dated June 23, 2015[4] from TD Bank, N.A. to Nationstar Mortgage LLC;
F. Assignment of Mortgage dated November 8, 2016 from Nationstar Mortgage LLC to Secretary of Housing and Urban Development;
G. Assignment of Mortgage dated February 6, 2017 from Secretary of Housing and Urban Development to U.S. Bank National Association;
H. Notice of Default and Right to Cure Letter dated August 21, 2015 from Nationstar Mortgage LLC to Defendant;
I. Payment Histoiy;
J. Itemization of Amounts Due; and
K. Status Report Pursuant to Servicemembers Civil Relief Act.

         The Defendant also testified at trial. At the conclusion of the proceedings the evidence was closed and the Court set a briefing schedule for parties' counsel to submit written arguments.[5] The court has received and reviewed written arguments from Plaintiff dated December 11 and ...


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