Schaefer v. Peoples Heritage Savings Bank

ROBERTS, Justice.

Gerhard Schaefer appealed, and the Superior Court (Hancock County, Marsano, J.) reported, pursuant to M.R.Civ.P. 72(e), what the court referred to as its “interlocutory order.” Peoples Heritage Savings Bank moved to dismiss the appeal. In the interests of judicial economy, we address the substantive issue in dispute, namely, whether a mortgage conveyed to the Bank by one of two joint tenants survived the death of the mortgagor.

In 1993 the Bank 1 commenced an action in the District Court (Ellsworth) to foreclose three mortgages on property in Ellsworth and Trenton owned by…