Carrington Mortgage Services, LLC v. Family First Mortgage Corp.

STATE OF MAINE SUPERIOR COURT LINCOLN, SS LOCATION: WISCASSET DOCKET NO. RE-16-17 Carrington Mortgage Services, LLC Plaintiff ORDER vs . TITLE TO REAL ESTATE IS INVOLVED Family First Mortgage Corp. Defendant MORTGAGED PREMISES: Mortgage Electronic Registration Systems, 85 Shady Lane Inc., as nominee for Family First Mortgage Wiscasset, ME 04578 Corp.; and Book 3590, Page 137 Robert H. Rogers, Jr. Parties-In-Interest This matter is before the Court on Plaintiff's Complaint for Declaratory Judgment. After trial, 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 Green!eqf decision, regarding assigrunents of mortgages for nominees. Bank of America, NA. v. Green!eef, 2014 ME 89 , 96 A.3d 700 . 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 IJ. Chenry, 74 Me. 359 (1883). Accordingly, for good cause shown, it is hereby ordered that JUDGMENT in this matter is GRANTED for tl1e Plaintiff; This Court ORDERS, confirms and ratifies, nunc pro tune, the transfer of the mortgage, dated November 10, 2005, and recorded in the Lincoln County Registry of Deeds in Book 3590, Page 137, as evidenced by the Assignment of Mortgage to Bank of America, N.A., recorded in said Registry in Book 4563, Page 203, and further assigned to Plaintiff Carrington Mortgage Services, LLC, by virtue of an Assignment of Mortgage recorded in said Registry in Book 4838, Page 58; and all the rights contained tl1erein, including ownership, to Carrington Mortgage Services, LLC; and The Court also enters in rem permanent injunction relief concerning the subject property mortgage recorded on November 16, 2005. The Court finds the Plaintiff is the owner and holder of both the subject Note and Mortgage Deed, mmcpro_tunc as of the date ofr h to tl,e P]a;ntiff -~ / ~ h ­ ortga-ge Assignment ~ - DATED: t\UG 1 5 2017 CJ---} "-./L/ Justice, Superior Court t)a..N.aJ Bl\ 1inC\S 7~?'