Opinion
Civil Action RE-14-032
07-09-2015
MAINE STATE HOUSING AUTHORITY, Plaintiff v. JACOB N. MATHEWS and JESSICA J. MATHEWS, Defendants and MIDCOAST MAINE COMMUNITY ACTION and PORTFOLIO RECOVERY ASSOCIATES, LLC, Parties-in-Interest
ORDER ON MOTION FOR SUMMARY JUDGMENT, DEFAULT JUDGMENT AND ENTRY OF DEFAULT
Before the court is plaintiffs motion for summary judgment in an action for foreclosure brought pursuant to 14 M.R.S. §§ 6321-6325 (2013). The plaintiff also seeks entry of default and default judgment against both defendants and the parties-in-interest. No opposition to the motion has been filed.
The plaintiffs motion for summary judgment is subject to Rule 56(j), which imposes detailed requirements for granting summary judgment in foreclosure actions. M.R. Civ. P. 56(j). The court is independently required to determine if those requirements have been met and is also required to determine whether the mortgage holder has set forth in its statement of material facts the acts necessary for summary judgment in a residential mortgage foreclosure. Bank of America, N.A. v. Greenleaf 2014 ME 89, ¶18, 96 A.3d 700; Chase Home Fin. LLC v. Higgins, 2009 ME 136, ¶11, 985 A.2d 508.
Maine Rule of Civil Procedure 56(j) states, in part:
Requests for default are governed by Rule 55, which provides additional requirements for requests for default in foreclosure actions. M.R. Civ. P. 55. According to the rule,
No default or default judgment shall be entered in a foreclosure action filed pursuant to Title 14, Chapter 713 of the Maine Revised Statutes except after review by the court and determination that (i) the service and notice requirements of 14 M.R.S. § 6111 and these rules have been strictly performed, and (ii) the plaintiff has properly certified proof of ownership of the mortgage note and produced evidence of the mortgage note, the mortgage, and all assignments and endorsements of the mortgage note and the mortgage.M.R. Civ. P. 55(a)(1).
After reviewing the file, the court concludes that the plaintiff has satisfied the substantive and procedural requirements for a summary judgment of foreclosure and for default requests against all adverse parties except Jessica J. Mathews. See 14 M.R.S. §§ 6111, 6321 (2013); M.R. Civ. P. 55(a), 56(j); Greenleaf, 2014 ME 89, ¶ 18, 96 A.3d 700; Chase Home Fin., 2009 ME 136, ¶11, 985 A.2d 508.
Jessica J. Mathews filed an answer, requested mediation, and attended mediation. See M.R. Civ. P. 55.
A plaintiff in a foreclosure action must "certify proof of ownership of the mortgage note and produce evidence of the mortgage note, mortgage and all assignments and endorsements of the mortgage note and mortgage." 14 M.R.S. § 6321. Additionally, to prevail on an action of foreclosure, a plaintiff must show that the notice requirements of 14 M.R.S. § 6111 have been strictly performed. Id. Here, the plaintiff has provided sufficient evidence of plaintiffs ownership of the mortgage note, the mortgage note itself, the mortgage, and the notice of default. (S.M.F. 1-6.) The plaintiff has also shown that mediation was completed pursuant to 14 M.R.S. § 6321-A(3)(2013). (Pl.'s S.M.F. ¶ 22(g).)
The entry shall be:
Plaintiffs Motion is GRANTED. Default is entered for the following parties: Jacob N. Mathews, Midcoast Maine Community Action, and Portfolio Recovery Associates, LLC. Judgment for foreclosure is granted to Plaintiff by separate Judgment, for the reasons set forth in this Order.
The Clerk is directed to incorporate this Order into the docket by reference pursuant to Maine Rule of Civil Procedure 79(a).
No summary judgment shall be entered in a foreclosure action filed pursuant to Title 14, Chapter 713 of the Maine Revised Statutes except after review by the court and determination that (i) the service and notice requirements of 14 M.R.S. § 6111 and these rules have been strictly performed; (ii) the plaintiff has properly certified proof of ownership of the mortgage note and produced evidence of the mortgage note, the mortgage, and all assignments and endorsements of the mortgage note and the mortgage; and (iii) mediation, when required, has been completed or has been waived or the defendant, after proper service and notice, has failed to appear or respond and has been defaulted or is subject to default.