Bank of N.Y. Mellon v. Buck

Full title: BANK OF NEW YORK MELLON, Plaintiff v. MICHAEL BUCK, et al., Defendants

Court: Superior Court of Maine, Cumberland

Date published: Apr 26, 2021

Civil Action RE-15-116 (Me. Super. Apr. 26, 2021)

Opinion

Civil Action RE-15-116

04-26-2021

BANK OF NEW YORK MELLON, Plaintiff v. MICHAEL BUCK, et al., Defendants

Plaintiff-Santo Longo, Esq. Defendants-Mark Kearns, Esq. and Mark Randall, Esq.

Thomas D. Warren Justice

Plaintiff-Santo Longo, Esq.

Defendants-Mark Kearns, Esq. and Mark Randall, Esq.

ORDER

Thomas D. Warren Justice

On October 22, 2020 the Law Court issued an opinion remanding this case for the court to decide whether the Bank's notices of default and certificate of mailing meet the integration, verification, and reliance criteria set forth in the opinion for admission as a business record. Bank of New York Mellon v. Shone, 2020 ME 122 ¶ 30.

Since then the court has not heard from counsel for the parties. It has not independently addressed the issue presented on remand because it has been fully occupied with the effect of the pandemic on the criminal docket and because the resumption of civil trials in Cumberland has, at this point, been indefinitely delayed. There have also been various stays in effect with respect to foreclosure cases during the pandemic, and the court does not know whether this case is subject to any of those stays.

In reviewing the file, however, the court notes that the remand directed the court determine whether the Bank's notices of default and certificate of mailing meet the integration, verification, and reliance criteria "based on the current record," Id. The court has now located both Exhibit D - the disputed exhibit offered at October 10, 2018 healing - and a transcript of that hearing. It therefore invites the parties (1) to advise the court by May 10, 2021 whether this case is subject to any stay or moratorium resulting from the pandemic and (2) if not, to set forth by May 21, 2021 their respective positions as to whether Exhibit D meets the necessary integration, verification, and reliance criteria based on the current record.

The court recognizes that if the court finds that Exhibit D is admissible, there may be some delay before it can reconvene the trial, even on Zoom, to proceed with the remainder of the foreclosure proceeding. In that event, however, because this case lias been pending for so long, it would attempt to set this for a trial on Zoom as soon as feasible.

The entry shall be:

Procedural order issued. The clerk shall incorporate tins order in the docket by reference pursuant to Rujc 79(a),