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BANK OF AMERICA, N.A. v. CLOUTIER

Yor-12-361.

61 A.3d 1242 (2013)

2013 ME 17

BANK OF AMERICA, N.A. v. James A. CLOUTIER.

Supreme Judicial Court of Maine.

Decided: February 7, 2013.

Attorney(s) appearing for the Case

Elizabeth Papez, Esq. (orally), Winston & Strawn LLP, Washington, District of Columbia; and Corin R. Swift, Esq. , and Jeff Goldman, Esq. , Bingham McCutchen LLP, Portland, for Bank of America, N.A.

L. Scott Gould, Esq. , Cape Elizabeth ; Thomas A. Cox, Esq. (orally), Portland; and Andrea Bopp Stark, Esq. , Molleur Law Office, Biddeford, for James A. Cloutier.

Catherine R. Connors, Esq. , John A. Aromando, Esq. , and Michelle Bush, Esq. , Pierce Atwood LLP, Portland, for amicus curiae Federal Home Loan Mortgage Corporation.

Peter L. Murray, Esq. , Murray, Plumb & Murray, Portland, for amici curiae Legal Services Center of Harvard Law School and National Consumer Law Center.

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

ALEXANDER, J.

[¶ 1] The Superior Court (York County, Fritzsche, J.), acting pursuant to M.R.App. P. 24(a), has reported a question of law to us: "What is the proof that is required for a party to prove `ownership' of the mortgage note and mortgage for purposes of foreclosure, as required by the decision of the Law Court in Chase Home Finance, LLC v. Higgins, 2009 ME 136, ¶ 11, 985 A.2d 508?"

[¶...

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