Deutsche Bank Nat'l Trust Co. v. Wilk | (ONEWEST **Slapped Down** in Maine) The Maine Supreme Court vacated, holding that Deutsche Bank failed to prove that it is the assignee of the mortgage.

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Deutsche Bank Nat’l Trust Co. v. Wilk | (ONEWEST **Slapped Down** in Maine) The Maine Supreme Court vacated, holding that Deutsche Bank failed to prove that it is the assignee of the mortgage

Deutsche Bank Nat’l Trust Co. v. Wilk | (ONEWEST **Slapped Down** in Maine) The Maine Supreme Court vacated, holding that Deutsche Bank failed to prove that it is the assignee of the mortgage

 

MAINE SUPREME JUDICIAL COURT

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE
HARBORVIEW MORTGAGE LOAN TRUST 2005-5, MORTGAGE LOAN
PASS-THROUGH CERTIFICATES, SERIES 2005-5 UNDER POOLING AND
SERVICING AGREEMENT DATED JUNE 1, 2005

v.

KEVIN WILK et al.

Justia.com Opinion Summary: 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.

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2 Responses to “Deutsche Bank Nat’l Trust Co. v. Wilk | (ONEWEST **Slapped Down** in Maine) The Maine Supreme Court vacated, holding that Deutsche Bank failed to prove that it is the assignee of the mortgage”

  1. Ellenlrussell says:

    This is what we are all waiting for great they got caught at thier own game

  2. Nancy Coxall says:

    I agree totally!! It’s about time they get caught and stopped! The same group of banks I dealt with and it was all Fraud.

    I take my hat off to the Maine Supreme Court for having the courage to say it stops here!

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