Friday, September 13, 2013

Deutsche Bank Nat'l Trust Co. v. Wilk -- Assigment Frome OneWest Bank to Deutsche Bank Was Prior to Assignment from FDIC to OneWest Bank

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Contributed by Deontos

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Deutsche Bank Nat'l Trust Co. v. Wilk

Court: Maine Supreme Court
Opinion Date: September 12, 2013
Judge: Levy
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. View Case
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