12
It reports, among other things, the principal balance, accrued interest, unpaid charges, and escrow balance due under the terms of the mortgage as of January 29, 2009. Thus, the Gonzalez affidavit provides information, vital to the entry of a judgment, that was not available until more than four months after the affidavit was sworn to by Gonzalez. [œ17] As an appellate court, and in view of the limited record before us, we do not adopt as fact the inference urged by the Murphys. Nor can we conclude on this record that a fraud has been committed on the Court, or determine whether the affidavits submitted by HSBC were made in bad faith so that an award of expenses pursuant to Rule 11(a)10 or Rule 56(g)11 is warranted. Nonetheless, we readily conclude that the Vadney affidavits submitted in support of HSBC’s second motion for summary judgment, like the Gonzalez affidavit submitted before them, are inherently untrustworthy and do not satisfy the foundational requirements of Murphys have called the defects in the Gonzalez affidavit to our attention in their brief as part of an apparent pattern of untrustworthiness, we include the Gonzalez affidavit in our review when considering whether such a pattern exists. See Ricci v. Applebee’s Ne., Inc., 297 F. Supp. 2d 311, 321 (D. Me. 2003) (considering evidence not identified in statements of material fact when, having become aware of such evidence, it would be an injustice to ignore it). 10
See note 8.
11
M.R. Civ. P. 56(g) provides: Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorney fees, and any offending party or attorney may be adjudged guilty of contempt.