DEUTSCHE BANK NATIONAL TRUST COMPANY vs WILK | MAINE SUPREME JUDICIAL COURT - We conclude that Deutsche Bank failed to prove that it is the assignee of the mortgage, we vacate the judgment

MAINE SUPREME JUDICIAL COURT

Decision: 2013 ME 79
Docket: Yor-13-14
Submitted
On Briefs: July 17, 2013
Decided: September 12, 2013

Panel: LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

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

KEVIN WILK et al.

LEVY, J.

[¶1] Kevin Wilk appeals from a judgment of foreclosure entered in the
District Court (Biddeford, Driscoll, J.) in favor of Deutsche Bank National Trust
Company, as trustee of the HarborView Mortgage Loan Trust 2005-5. Wilk
contends that the court erred in finding, following a bench trial, that Deutsche
Bank produced sufficient admissible evidence to merit a judgment of foreclosure
pursuant to 14 M.R.S. § 6321 (2012). Because we conclude that Deutsche Bank
failed to prove that it is the assignee of the mortgage, we vacate the judgment.

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