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Beneficial Maine v. Carter

25 A.3d 96 (2011)

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Beneficial Maine v. Carter

Maine Supreme Judicial Court

25 A.3d 96 (2011)

Facts

Beneficial Maine Inc. (Beneficial) (plaintiff) brought an action against Timothy and Kathleen Carter (defendants) to foreclose on their home. Beneficial moved for summary judgment, using an affidavit with attached exhibits as its only evidence. This affidavit was from Shana Richmond, an employee of HSBC Consumer Lending Mortgage Servicing (HSBC), the company Beneficial used to service the Carters’ mortgage. In the affidavit, Richmond swore that (1) Beneficial owned the mortgage and the note, (2) Richmond had access to the records relating to the mortgage, (3) Richmond had personal knowledge of the Carters’ account, (4) Beneficial made the mortgage-account records at or near the time of the transactions, and (5) Beneficial kept the Carters’ mortgage-account records in the ordinary course of business. Relying on this evidence, the trial court granted summary judgment to Beneficial. The Carters appealed, arguing that the note and mortgage contained hearsay and that Richmond was not qualified to lay the entire foundation to have these documents admitted under the business-records exception.

Rule of Law

Issue

Holding and Reasoning (Saufley, C.J.)

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