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BENEFICIAL MAINE INC. v. CARTER | Maine Supreme Judicial Court Vacates SJ “Beneficial’s records, offered through the affidavit of HSBC’s employee Shana Richmond”

BENEFICIAL MAINE INC. v. CARTER | Maine Supreme Judicial Court Vacates SJ “Beneficial’s records, offered through the affidavit of HSBC’s employee Shana Richmond”


MAINE SUPREME JUDICIAL COURT

BENEFICIAL MAINE INC.

v.

TIMOTHY G. CARTER et al.

[…]

[¶3] After the parties were unable to resolve the case through mediation, Beneficial moved for summary judgment and submitted a statement of material facts. See M.R. Civ. P. 56(h)(1). In support of its statement of material facts, Beneficial referred to two affidavits—one from Beneficial’s attorney, which clarified the priority of the Carters’ creditors, and one from Shana Richmond, Vice President of Administrative Services for HSBC Consumer Lending Mortgage Servicing, described in the affidavit as Beneficial’s “servicer.” Beneficial cited to Richmond’s affidavit, with its attached exhibits, as the sole evidentiary support for its allegations of its ownership of the note and mortgage, the Carters’ obligation on the note, the Carters’ default, and the amount that the Carters owed. Richmond’s affidavit states the following as the foundation for her factual assertions:

[…]

[ipaper docId=59836524 access_key=key-272ijous2ldzihvw2sfh height=600 width=600 /]

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