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STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. CIVIL ACTION Docket No. RE-?9-104 / ~ . ,
T:D /1) 1-(' ~' I '. I O;/,;/-' t' I;
SUNTRUST MORTGAGE, INC., Plaintiff,
v. ORDER
CHRISTOPHER T. MUSE,
Defendant, and STATE OF MAINE
Cumberland, ss, Clerk's Office
EVERGREEN CREDIT UNION,
OCT 14 2011
Party-In-Interest,

RECEIVED
EVERGREEN CREDIT UNION, Cross-Claim Plaintiff,
v.
CHRISTOPHER T. MUSE, Cross-Claim Defendant,
In this foreclosure case this court has twice denied motions by plaintiff SunTrust Mortgage Inc. for summary judgment.1 See orders dated November 5, 2009 and November 29, 2010. Between those two orders SunTrust apparently sent an additional notice of default on or about May 4, 2010.
Subsequently party-in-interest Evergreen Credit Union was granted summary judgment on its cross claim for foreclosure of its second mortgage, see order dated
1 Although neither of SunTrust's motions was opposed by defendant Christopher Muse, the court cannot grant summary judgment until it makes the independent determinations required by Rule 56(j).
August 17, 2011, and SunTrust has now filed a second supplemental motion for
summary judgment.
Once again, Mr. Muse has not filed any opposition papers, and the only issue is whether SunTrust's renewed motion meets the requirements of Rule 56(j) and Chase Home Finance LLC v. Higgins, 2009 ME 136 <JI 11, 985 A.2d 508, 510-11. The court concludes that in its supplemental motion and statement of material facts SunTrust has properly certified ownership of the note and has produced evidence of the note and mortgage and the assignments and endorsements thereof. SunTrust's statement of material facts and the supporting record citations establish a breach of the mortgage conditions and set forth the book and page number of the mortgage and its assignment, along with the street address of the property in question.
SunTrust's statement of material facts also sets forth the amount due to party-in

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