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HSBC BANK USA, N.A. v. GABAY

Docket: Cum-10-581

28 A.3d 1158 (2011)

2011 ME 101

HSBC BANK USA, N.A., as Trustee under the Pooling and Servicing Agreement Dated as of December 1, 2005, Fremont Home Loan Trust 2005-E v. Janelle GABAY.

Supreme Judicial Court of Maine.

Decided: September 15, 2011.

Attorney(s) appearing for the Case

Geoffrey S. Lewis, Esq. , Hastings Law Office, P.A., Fryeburg, on the briefs, for appellant Janelle Gabay.

Elizabeth M. Crowe, Esq. , Bendett & McHugh, P.C., Farmington, Connecticut, on the briefs, for appellee HSBC Bank USA, N.A., as Trustee Under the Pooling and Servicing Agreement Dated as of December 1, 2005, Fremont Home Loan Trust 2005-E.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

ALEXANDER, J.

[¶ 1] Janelle Gabay appeals from a summary judgment entered in the District Court (Bridgton, Powers, J.) in favor of HSBC Bank USA, N.A., as Trustee under the Pooling and Servicing Agreement dated as of December 1, 2005, Fremont Home Loan Trust 2005-E, on HSBC's complaint for foreclosure and sale pursuant to 14 M.R.S. §§ 6321-6325 (2010).1 Gabay argues that HSBC's motion for summary judgment should have...

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