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Bank of America v. Belanger

Superior Court of Maine, Aroostook

October 22, 2018

BANK OF AMERICA Plaintiff
v.
GARRETT BELANGER Defendant

          DETAILED FINDINGS, DECISION AND ORDER REGARDING PLAINTIFF'S COMPLAINT FOR FORECLOSURE

         TITLE TO REAL ESTATE IS INVOLVED

         170 Limestone Street, Caribou, Maine Mortgage recorded at SDARD Bit. 4569, pg.229

         On or about June 20, 2017, Bank of America, N.A. (hereafter Bank) filed a civil complaint against Garrett Belanger (hereafter Defendant) seeking foreclosure of mortgage pursuant to 14 M.R.S. §6322 regarding property at 170 Limestone Street, Caribou, Maine. Defendant timely filed an answer to the complaint. Mediation was held on October 25, 2017 but the matter was unresolved. Trial on the matter was held September 4, 2018.

         At trial the Bank proffered Karen Scott as its witness qualified to testify about the business records of the various entities involved. M.R.Evid. 803(6); Beneficial Maine v. Carter, 2011 ME 77, Key Bank Nat'l Ass'n v. Estate of Quint, 2017 ME 237. At trial the Bank offered the following exhibits which were admitted[1]:

A. Copy of Promissory Note dated April 29, 2008 from Defendant to Lender, KeyBank. N.A.,
B. Copy of Mortgage dated April 29, 2008 from Defendant to KeyBank N.A, regarding property at 170 Limestone Street, Caribou, Maine and recorded at SDARD B3c. 4569, p. 229;
C. Copy of Assignment of Mortgage from Mortgage Electronic Registration Systems, Inc. to Bank of America, N.A. recorded at SDARD Bk, 4985, p, 164 and copy of Quitclaim Assignment from KeyBank National Association to Bank of America, N.A, recorded at SDARD Bk. 5529, p. 124;
D. Loan Modification Agreement "between Bank and Defendant effective December, 2014;
E. Notice of Right to Cure Default Letter dated May 5, 2017;
F. Affidavit Calculation, with Payment History;
G. Federal Affidavit;
H. Affidavit Concerning Attorney Fees; and
I. Proof of Service.

         In addition, at trial the Defendant testified. All of Bank's offered exhibits, Exhibits A through I, were admitted, but the court did grant Defendant leave to file written objections to the submission of the Notice of Right to Cure, Ex. E, and the admission of the Quitclaim Assignment, Ex, C.

         At the conclusion of the proceedings the evidence was closed and the Court set a briefing schedule for parties' counsel to submit written arguments regarding Defendant's objections to the Notice of Right to Cure and Quitclaim Assignment. But neither party submitted written arguments and specifically, Defendant failed to submit written objections to the admission of the exhibits.

         The Court does find that Ms. Scott is a witness qualified to testify to the business records. Per the evidence, the Court finds that the loan was serviced from its inception until 2016 by the Bank, which is after default. After default, servicing was assumed by Penny Mac to initiate foreclosure proceedings. Ms. Scott is found to be familiar and knowledgeable about the business records of both the Bank and PennyMac, and that the business records of both entities are maintained in the regular course of business and by ...


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