Leighton v. Fleet Bank of Maine

RUDMAN, Justice.

Frederick L. Leighton appeals from the M.R.Civ.P. 12(b)(6) dismissals and summary judgments entered in the Superior Court (Cumberland County) in favor of Fleet Bank and Deering Associates Trust on Leighton’s six-count complaint. Leighton claims that Fleet’s assignment of a mortgage to Deering led to the improper disposition of collateral in which he held an interest as a junior lien-holder and guarantor. Because Leighton fails to demonstrate that Fleet ever obtained actual or constructive possession of the collateral, a finding necessary to support these claims, we affirm the…