Failure to show ownership

HSBC Bank USA, N.A. v. Gabay

Court: Maine Supreme Court

Opinion Date: September 15, 2011

Judge: Alexander

Areas of Law: Commercial Law, Consumer Law, Real Estate & Property Law

Janelle Gabay defaulted on a promissory note secured by a mortgage of her real property. HSBC Bank USA, the holder of the mortgage, filed a complaint for foreclosure and sale against Gabay. The district court granted HSBC’s motion for summary judgment. The Supreme Court vacated the judgment of the district court, holding that entry of judgment as a matter of law was precluded where (1) HSBC’s statement of material facts failed to properly present proof of ownership of the mortgage note; (2) HSBC’s statement of material facts did not contain an adequate description of the mortgaged premises including a street address; (3) a genuine issue of material fact existed as to the order of priority and amounts due to other parties-in-interest; and (4) the amount of costs due as part of the amount due on the mortgage was not included in the summary judgment record as required. Remanded.


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