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 v. 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. [...]