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Areas of Law: Banking, Contracts, Real Estate & Property Law
Deutsche Bank filed a complaint for foreclosure against Wilk, 14 M.R.S. 6321, attaching documents, including a 2005 mortgage ($459,375) from Wilk in favor of the original lender’s nominee, MERS; a 2008 assignment from MERS to IndyMac; and a 2010 assignment by the FDIC, as the receiver for IndyMac, to Deutsche Bank. Trial evidence included a 2011 assignment from OneWest Bank
to Deutsche Bank, executed approximately two weeks prior to the FDIC
conveyance to OneWest Bank, purporting to grant “all interest” OneWest
Bank then held in the mortgage to Deutsche Bank. On
cross-examination, Deutsche Bank’s only witness confirmed that the
assignment from OneWest Bank to Deutsche Bank was prior in time to the
assignment from the FDIC to OneWest Bank. Deutsche Bank did not
introduce the 2010 mortgage assignment, which it had attached to the
complaint and which purported to transfer the mortgage from the FDIC to
Deutsche Bank. The court entered a judgment of foreclosure. The Maine
Supreme Court vacated, holding that Deutsche Bank failed to prove that
it is the assignee of the mortgage.