Tamir v. United States Trustee

DECISION AND ORDER ON BANKRUPTCY APPEAL

D. Brock Hornby, United States District Judge

In 2014, the Maine Law Court ruled that a party seeking to foreclose a residential mortgage lacks standing when it holds the mortgage solely by virtue of an assignment from Mortgage Electronic Registry Systems (MERS). Bank of Am., N.A. v. Greenleaf, 2014 ME 89, ¶¶ 10-17, 96 A.3d 700. A foreclosing party has to have “two documents — a promissory note and a mortgage securing that note,” and “standing to foreclose involves the plain-jiffs interest in both the note and the mortgage.” Id. ¶ 9 (emphasis added). With…