Justia Maine Supreme Court Opinion Summaries

Petitioners Dana and Robin Murphy appealed a judgment entered in favor of Respondent HSBC Mortgage Services, Inc. (HSBC), which allowed HSBC to foreclose on and sell the Murphyâs house. The Murphys contended that the court erred by granting HSBC summary judgment when there were numerous errors that primarily concerned HSBCâs evidence of its ownership of the note and mortgage to their house. In particular, the Murphys challenged the trustworthiness of multiple affidavits filed by HSBC in support of its motion. Upon review, the Supreme Court found that the affidavits submitted by HSBC were âinherently untrustworthyâ and the business records attached to them were not admissible at trial. The Court held that the trial court erred by granting a summary judgment in this case, and remanded the case for further proceedings.