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CitiBank, N.A. v. York

United States District Court, D. Maine

May 29, 2018

CITIBANK, N.A., as trustee of NRZ Pass-Through Trust VI, Plaintiff,
v.
GAIL M. YORK, Defendant.

          FINDINGS OF FACT & CONCLUSIONS OF LAW

          George Z. Singal United States District Judge.

         The Court held a bench trial of this matter on February 21, 2018. The parties completed their post-trial briefing (ECF Nos. 54, 57 & 59) on April 19, 2018. In accordance with Federal Rule of Civil Procedure 52(a), the Court makes the following findings of fact and conclusions of law:

         I. FINDINGS OF FACT

         Having considered all of the admitted evidence and the parties' proposed findings of fact and conclusions of law (ECF Nos. 54 & 57), the preponderance of the credible evidence admitted at trial establishes the following:

         1. On December 1, 2005, Defendant Gail York entered into a contractual agreement with First Horizon Home Loan Corporation by executing a promissory note in the original principal amount of $160, 000. See Pl. Ex. A (hereinafter, “the Note”).

         2. Plaintiff Citibank, N.A., as trustee of NRZ Pass-Through Trust VI (hereinafter, “Citibank”) is in possession of the Note and the Note is endorsed in blank by First Horizon Home Loan Corporation.

         3. York simultaneously entered into a mortgage agreement, dated December 1, 2005, and recorded in the York County (Maine) Registry of Deeds in Book 14693 at Page 86, securing this promissory note. See Pl. Ex. C (hereinafter, “the Mortgage”).

         4. The Mortgage was subsequently assigned as follows:

a. Assignment of Mortgage from First Horizon Home Loan Corporation to LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-HE2. Said assignment recorded in the York County (Maine) Registry of Deeds on May 21, 2008, in Book 15419 at Page 974;
b. Assignment of Mortgage from LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-HE-2 to U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-HE2. Said assignment recorded in the York County (Maine) Registry of Deeds on May 9, 2016, in Book 17229 at Page 501974;
c. Assignment of Mortgage from U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-HE2 to Citibank, N.A., not in its individual capacity, but solely as Trustee of NRZ Pass-Through Trust VI. Said assignment recorded in the York County (Maine) Registry of Deeds on November 6, 2017, in Book 17599 at Page 128;
d. Assignment of Mortgage from Citibank, N.A., not in its individual capacity, but solely as Trustee of NRZ Pass-Through Trust VI to U.S. Bank National Association, not in its Individual Capacity, but Solely as Trustee [of] NRZ Pass-Through Trust X. Said assignment recorded in the York County (Maine) Registry of Deeds on February 1, 2018 in Book 17654 at Page 359. See Pl. Ex. D.

         5. On May 28, 2008, York entered a loan modification agreement with Wilshire Credit Corporation that reduced the amount of principal and interest due under the Note to $157, 120.22. See Pl. Ex. B.

         6. On October 10, 2011, York signed another loan modification agreement with Bank of America, N.A., in which she agreed that the new principal under ...


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