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8 Maine opinions name it 2 courts 2018–2021 1 in the last five years
The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bank of American, N.A. v. Scott A. Greenleafgreen2 sentences2019In its ruling, the Law Court expressly rejected the equitable trust doctrine' in the context of foreclosure actions because its application would be "fundamentally at odds" with the court's holding in Greenleaf.' Id. lf 14; see also, Greenleaf, 2014 ME 89 , lflf 10-17, 96 A .3d 700. 2019In its ruling, the Law Court expressly rejected the equitable trust doctrine' in the context of foreclosure actions because its application would be "fundamentally at odds" with the court's holding in Greenleaf.' Id.~ 14; see also, Greenleaf, 2014 ME 89 , ~~ 10-17, 96 A .3d 700. | 5 | 7 |
Jordon v. Cheneygreen2 sentences2019Corp., 2019 ME 150 , ~ 7,_A.3d_; see also Jordon v. Cheney, 74 Me. 359,361 (1883). , According to the Law Comt, accepting the argument that the equitable trust doctrine effectively establishes ownership of a mortgage in the holder of the accompanying note would require us to hold that, once a party becomes the "holder" of a note secured by a mortgage, that status would operate to automatically transfer ownership of the mortgage to that party, a construct that we implicitly rejected in Greenleaf and which would render our bifurcated standing analysis of the holder of the note and the owner of t 2019Corp., 2019 ME 150 , ~ 7, _A.3d_; see also Jordon v. Cheney, 74 Me. 359,361 (1883). • According to the Law Court, accepting the argument that the equitable trust doctrine effectively establishes ownership of a mortgage in the holder of the accompanying note would require us to hold that, once a party becomes the "holder" of a note secured by a mortgage, that status would operate to automatically transfer ownership of the mortgage to that party, a construct that we implicitly rejected in Greenleaf and which would render our bifurcated standing analysis of the holder of the note and the owner of | 4 | 4 |
Mortgage Electronic Registration Systems, Inc. v. Saundersgreen2 sentences2021Memo 9[ 4.) However, as the Law Court explained in Beal Bank, 4 application of the equitable trust doctrine to real estate mortgages is inconsistent with recent decisions, including Greenleaf and Mortgage Electric Registration System v. Saunders, 2010 ME 79, 9 [ 9, 2 A.3d 289 . 2021Memo 9[ 4.) However, as the Law Court explained in Beal Bank, 4 application of the equitable trust doctrine to real estate mortgages is inconsistent with recent decisions, including Greenleaf and Mortgage Electric Registration System v. Saunders, 2010 ME 79, 9 [ 9, 2 A.3d 289 . | 2 | 4 |
Carpenter v. Longangreen1 sentence2020See Carpenter v. Longan, 83 U.S. 271, 275 (1872) (“The transfer of the note carries with it the security, without any formal assignment or delivery, or even mention of the latter.”). [¶18] When one entity owned the note and another held legal or record title to the mortgage, the record owner of the mortgage held legal title in trust for the owner of the note under the equitable trust doctrine. | 1 | 1 |
Homeward Residential, Inc. v. Marianne A. Gregorgreen1 sentence2019Id.; see Homeward Residential, Inc. v. Gregor, 2015 ME 108 , '.I) 13, 1, The Law Court has cited cases that address the equitable trust doctrine in a foreclosure case. | 1 | 1 |
Johnson v. Candage & Hinckleygreen1 sentence2018Johnson v. Candage, 31 Me. 28, 31 (1849). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Beal Bank USA v. New Century Mortgage Corporation
green
2 sentences2019In its ruling, the Law Court expressly rejected the equitable trust doctrine' in the context of foreclosure actions because its application would be "fundamentally at odds" with the court's holding in Greenleaf.' Id. lf 14; see also, Greenleaf, 2014 ME 89 , lflf 10-17, 96 A .3d 700. 2019However, the Law Court expressly rejected this proposition in Beal Bank when it rejected the equitable trust doctrine and ruled that although the holder of a note may retain some equitable interest in the accompanying mortgage, "any such interest, standing alone, is insufficient to establish a pre foreclosure right to compel assignment." Beal Bank, 2019 ME 150 , lf 15, _A.3d_. | 3 | 2019–2021 |
Lord v. Crowell
green
1 sentence2019(Comp!. '.I) 8.) Discussion Plaintiff cites Lord v. Crowell, 75 Me. 399 (1883), as authority for this court to compel assignment under the equitable trust doctrine. ' (Comp!. '.I) 11.) Subsequent Law Court decisions address plaintiff's claim to the mortgage. | 1 | 2019–2019 |
Averill, Administrator v. Cone
green
2 sentences2018Plaintiff attempts to demonstrate the ongoing vitality of the equitable trust doctrine by citing to a footnote in the Saunders opinion in which the Law Court cited Averill v. Cone, 129 Me. 9 , 149 A. 297 (1930) and Jordan v Cheney, 74 Me. 369 (1883). 2018Plaintiff attempts to demonstrate the ongoing vitality of the equitable trust doctrine by citing to a footnote in the Saunders opinion in which the Law Court cited Averill v. Cone, 129 Me. 9 , 149 A. 297 (1930) and Jordan v Cheney, 74 Me. 369 (1883). | 1 | 2018–2018 |
Averill v. Cone
green
2 sentences2018Plaintiff attempts to demonstrate the ongoing vitality of the equitable trust doctrine by citing to a footnote in the Saunders opinion in which the Law Court cited Averill v. Cone, 129 Me. 9 , 149 A. 297 (1930) and Jordan v Cheney, 74 Me. 369 (1883). 2018Plaintiff attempts to demonstrate the ongoing vitality of the equitable trust doctrine by citing to a footnote in the Saunders opinion in which the Law Court cited Averill v. Cone, 129 Me. 9 , 149 A. 297 (1930) and Jordan v Cheney, 74 Me. 369 (1883). | 1 | 2018–2018 |