Bank of Am., N.A. v. Long

Full title: BANK OF AMERICA, N.A., Plaintiff v. GARY W. LONG, et al., Defendants

Court: Superior Court of Maine

Date published: Aug 5, 2015

SUPERIOR COURT CIVIL ACTION Docket No. RE-13-124 (Me. Super. Aug. 5, 2015)

Opinion

SUPERIOR COURT CIVIL ACTION Docket No. RE-13-124

08-05-2015

BANK OF AMERICA, N.A., Plaintiff v. GARY W. LONG, et al., Defendants

Plaintiff-Jeffrey Hardiman Esq Defendants-Mark Kearns Esq

Nancy Mills Justice, Superior Court

STATE OF MAINE
CUMBERLAND, ss
ORDER

Before the court is plaintiff's motion for relief and to vacate judgment for defendants. Plaintiff appeared on 3/6/15, the date for trial, and moved to dismiss the complaint because plaintiff was not prepared for trial and had no witnesses. Judgment was entered in favor of defendants on 4/16/15. No trial was held and there is no record or evidence on which the court can consider the argument plaintiff now makes. Plaintiff does not address this issue in its reply to defendants' objection. (Def.'s Obj. 6.)

Further, assuming the record after trial in the Superior Court established that plaintiff "does not appear to own the mortgage and lacks standing to foreclose," that fact would not provide a basis to vacate a judgment for defendants. See Nationstar Mortgage, LLC v. Halfacre, PORSC-RE-2012-102 (Me. Super. Ct., Cum. Cry., July 23, 2015); (Pl.'s Mot. 3).

The entry is

Plaintiff's Motion for Relief and to Vacate Judgment for Defendants is DENIED

Dated: August 5, 2015

/s/_________

Nancy Mills

Justice, Superior Court

Plaintiff-Jeffrey Hardiman Esq

Defendants-Mark Kearns Esq