July 23, 2014

Maine Really Doesn’t Like Lenders

By David Reiss

I recently blogged in No MERS-y for Maine Lenders about a Maine Supreme Judicial Court opinion that seemed to go against the weight of authority as to a fundamental issue:  that the mortgage follows the note. The lender in that … Continue reading

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July 23, 2014 in Maine | Permalink | No Comments

July 10, 2014

No MERS-Y for Maine Lenders

By David Reiss

The Maine Supreme Judicial Court seems to be on a roll against the mortgage industry, having recently issued an opinion that effectively wiped out a mortgage because of the lenders bad faith negotiations during a foreclosure proceeding. And now, the … Continue reading

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July 10, 2014 in Maine | Permalink | No Comments

June 24, 2014

Borrowers Have “Been Through Hell”

By David Reiss

The Maine Supreme Judicial Court issued an opinion, U.S. Bank, N.A. v. David Sawyer et al., 2014 ME 81 (June 24, 2014), that makes you question the sanity of the servicing industry and the efficacy of the rule of law. … Continue reading

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June 24, 2014 in Maine | Permalink | No Comments

January 27, 2014

Maine Superior Court Denies Foreclosure Action Because Bank Failed to Strictly Follow Statutory Notice Requirement

By Karume James

In Bank of N.Y. Mellon v. McKenna, the Superior Court of Maine precluded a foreclosure action on a finding that the plaintiff bank failed to strictly follow the relevant statutory notice requirements. In 2007, defendant Robert McKenna (“McKenna”) bought a … Continue reading

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January 27, 2014 in Maine | Permalink | No Comments

December 10, 2013

District Court Rejects Claims That MERS Lacked Standing

By Ebube Okoli

The court in deciding Pratt v. Bank of Am. NA, 2013 U.S. Dist. LEXIS 151671 (D. Me. 2013) granted Bank of America’s motion to dismiss. Plaintiff alleged that the existence of forged documents related to a mortgage loan and that … Continue reading

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December 10, 2013 in Maine | Permalink | No Comments

November 25, 2013

Deutsche Bank Fails to Sufficiently Prove Ownership in Maine Supreme Judicial Court

By Devon Avallone

In Deutsche Bank Nat’l Trust Co. v. Wilk, 2013 ME 79, 76 A.3d 363 (Me. 2013), the Maine Supreme Judicial Court vacated a judgment of foreclosure for Deutsche Bank on appeal by homeowner for Deutsche Bank’s failure to show ownership … Continue reading

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November 25, 2013 in Maine | Permalink | No Comments

November 18, 2013

Maine Supreme Judicial Court Holds that a NonHolder in Possession of a Mortgage Can Initiate a Foreclosure Action

By Karume James

The state Supreme Judicial Court of Maine in Wells Fargo Bank, N.A. v. Burek, 2013 WL 5760946 (2013) held that Wells Fargo properly initiated a foreclosure action against two homeowners, even though the court found that Wells Fargo was not … Continue reading

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November 18, 2013 in Maine | Permalink | No Comments