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Laws-info.com » Cases » Maine » Superior Court » 2009 » Chase Home Fin. VS Harris
Chase Home Fin. VS Harris
State: Maine
Court: Supreme Court
Docket No: CUMre-09-136
Case Date: 12/08/2009
Plaintiff: Chase Home Fin.
Defendant: Harris
Preview:STATE OF MAINE CUMBERLAND, ss.

SUPERIOR COURT CIVIL ACTION Docket No. RE-09-136
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CHASE HOME FINANCE LLC, Plaintiff,
v.

ORDER

RICHARD HARRIS SR., Defendant. This is an action to foreclose a mortgage. Before the court is a motion by plaintiff Chase Home Finance LLC (Chase) for summary judgment.

Summary Iudgment Summary judgment should be granted if there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. In considering a motion for summary judgment, the court is required to consider only the portions of the record referred to and the material facts set forth in the parties' Rule 56(h) statements.
E.g., Johnson v. McNeil, 2002 ME 99 <]I 8, 800 A.2d 702, 704. The facts must be considered

in the light most favorable to the non-moving party.

[d.

Thus, for purposes of

summary judgment, any factual disputes must be resolved against the movant. Nevertheless, when the facts offered by a party in opposition to summary judgment would not, if offered at trial, be sufficient to withstand a motion for judgment as a matter of law, summary judgment should be granted. Rodrigue v. Rodrigue, 1997 ME 99
<]I 8, 694 A.2d 924, 926.

Compliance with Amended Rule 56 The court has reviewed the record in light of Rule 56(j) (effective August 3, 2009) and concludes that the requirements of that rule have been complied with. As of the date that notice was given to defendant Richard Harris Sr., the more recent amendments to 14 M.R.S.
Download CUMre-09-136.pdf

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