July 23, 2014
Maine Really Doesn’t Like Lenders
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
July 23, 2014 in Maine | Permalink | No Comments
July 10, 2014
No MERS-Y for Maine Lenders
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
July 10, 2014 in Maine | Permalink | No Comments
June 24, 2014
Borrowers Have “Been Through Hell”
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
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
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
January 27, 2014 in Maine | Permalink | No Comments
December 10, 2013
District Court Rejects Claims That MERS Lacked Standing
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
December 10, 2013 in Maine | Permalink | No Comments
November 25, 2013
Deutsche Bank Fails to Sufficiently Prove Ownership in Maine Supreme Judicial Court
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
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
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
November 18, 2013 in Maine | Permalink | No Comments
