WELLS FARGO BANK, NA v. deBREE

Docket: Cum-11-337

38 A.3d 1257 (2012)

2012 ME 34

WELLS FARGO BANK, NA v. David E. deBREE et al.

Supreme Judicial Court of Maine.

Decided: March 13, 2012.


Attorney(s) appearing for the Case

William L. Vickerson, Esq. , Portland, for appellants David E. deBree and Lee Anne deBree.

Mark A. Darling, Esq. , Litchfield Cavo, LLP, Lynnfield, Massachusetts, for appellee Wells Fargo Bank, NA.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.


SAUFLEY, C.J.

[¶ 1] David E. and Lee Anne deBree appeal from a summary judgment of foreclosure entered in the District Court (Portland, Moskowitz, J.) in favor of Wells Fargo Bank, NA, on its complaint. Because we conclude that the Bank failed to offer evidence that it owns the deBrees' mortgage and note, we vacate the summary judgment and remand the matter for further proceedings.

I. BACKGROUND

[¶ 2] On January 19, 2010, the Bank...

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