Opinion
DOCKET NO. CV-2016-102
08-28-2017
U.S. Bank, N.A., Successor Trustee to LaSalle Bank National Association, on Behalf of the Holders of Bear Stearns Asset Backed Securities I Trust 2007-HE5, Asset-Backed Certificates Series 2007-HES Plaintiff v. Aegis Lending Corporation Defendant Mortgage Electronic Registration Systems, Inc., as nominee for Aegis Lending Corporation, Michael M. Cozzone, Jr. and Joan C. Cozzone, Wells Fargo Bank, N.A., FIA Card Services, N.A., Discover Bank, Parties-In-Interest
ATTORNEY FOR PLAINTIFF: JOHN DOONAN, ESQ. DOONAN GRAVES & LONGORIA 100 CUMMINGS CENTER, SUITE 225D BEVERLY MA 01915 DEFENDANT AEGIS LENDING CORPORATION, PRO SE MAINE SECRETARY OF STATE, BUREAU OF CORPS 111SWELL STREET, 4TH FLOOR AUGUSTA ME 04333 DISCOVER BANK, PARTY-IN-INTERST 502 EAST MARKET STREET GREENWOOD DE 19950 WELLS FARGO BANK, PARTY-IN-INTEREST 101 NORTH PHILLIPS AVE SIOUX FALLS SD 57104 JOAN COZZONE, PARTY-IN-INTEREST 18B RANKIN STREET SPRINGVALE ME 04083 MICHAEL M. COZZONE, PARTY-IN-INTEREST 1 BUTLER STREET, APT 11 SPRINGVALE ME 04083 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PARTY-IN-INTEREST 1818 LIBRARY STREET, SUITE 300 RESTON VA 20190 FIA CARD SERVICES NA, PARTY-IN-INTEREST 1100 NORTH KING STREET WILMINGTON DE 19801
STATE OF MAINE
YORK, SS SUPERIOR COURT
LOCATION: ALFRED
ORDER
TITLE TO REAL ESTATE IS INVOLVED
MORTGAGED PREMISES:
22 Montreal Street
Sanford, ME 04073
Book 15133, Page 285
This matter is before the Court on Plaintiff's Motion for Default Judgment and Judgment on the Pleadings. The Court specifically finds that there is justiciable controversy and that declaratory relief is appropriate to remove the uncertainty in the chain of title to the mortgage, as raised by the Greenleaf decision, regarding assignments of mortgages for nominees. Bank of America, N.A. v. Greenleaf, 2014 ME 89 (Me. 2014). As holder of the promissory note, Plaintiff is entitled to bring this action to confirm its rights in the subject mortgage. This is consistent with well settled precedent discussing Maine mortgage title theory See Jordan v. Cheney, 74 Me. 359 (1883).
Having considered the pleadings, this Court finds that after service in compliance with Maine Rules of Civil Procedure, neither the Defendant, Aegis Lending Corporation, has not answered or otherwise appeared in this action, the Party-In-Interest, Mortgage Electronic Registration Systems, Inc., as nominee for Aegis Lending Corporation, has not answered or otherwise appeared in this action, the Parties-In-Interest, Michael Cozzone, Jr. and Joan Cozzone, have answered or otherwise appeared in this action, the Party-In-Interest, Wells Fargo Bank, N.A., has not answered or otherwise appeared in this action, the Party-In-Interest, FIA Card Services, N.A., has not answered or otherwise appeared in this action, the Party-In-Interest, Discover Bank, has not answered or otherwise appeared in this action.
Accordingly, for good cause shown, it is hereby ORDERED that;
Plaintiff is GRANTED default judgment in this matter; and
This Court ORDERS, confirms and ratifies, nunc pro tunc, the transfer of the mortgage, dated February 9, 2007, and recorded in the York County Registry of Deeds in Book 15133, Page 285, as evidenced by the assignment to U.S. Bank, N.A., Successor Trustee to LaSalle Bank National Association, on Behalf of the Holders of Bear Stearns Asset Backed Securities I Trust 2007-HE5, Asset-Backed Certificates Series 2007-HE5 recorded in the York County Registry of Deeds in Book 17204, Page 381; and all the rights contained therein, including ownership, to U.S. Bank, N.A., Successor Trustee to LaSalle Bank National Association, on Behalf of the Holders of Bear Stearns Asset Backed Securities I Trust 2007-HE5, Asset-Backed Certificates Series 2007-HE5; and
The Court also enters in rem permanent injunction relief concerning the subject property mortgage recorded on April 18, 2007. The Court finds the Plaintiff is the owner and holder of both the subject Note and Mortgage Deed, nunc pro tunc as of the date of the Mortgage Assignment to the Plaintiff, February 29, 2016.
/s/_________
Justice, Superior Court
ATTORNEY FOR PLAINTIFF:
JOHN DOONAN, ESQ.
DOONAN GRAVES & LONGORIA
100 CUMMINGS CENTER, SUITE 225D
BEVERLY MA 01915
DEFENDANT AEGIS LENDING CORPORATION, PRO SE
MAINE SECRETARY OF STATE, BUREAU OF CORPS
111SWELL STREET, 4TH FLOOR
AUGUSTA ME 04333
DISCOVER BANK, PARTY-IN-INTERST
502 EAST MARKET STREET
GREENWOOD DE 19950
WELLS FARGO BANK, PARTY-IN-INTEREST
101 NORTH PHILLIPS AVE
SIOUX FALLS SD 57104
JOAN COZZONE, PARTY-IN-INTEREST
18B RANKIN STREET
SPRINGVALE ME 04083
MICHAEL M. COZZONE, PARTY-IN-INTEREST
1 BUTLER STREET, APT 11
SPRINGVALE ME 04083
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PARTY-IN-INTEREST
1818 LIBRARY STREET, SUITE 300
RESTON VA 20190