INVITATION TO FILE AMICUS BRIEFS


Law Court invites amicus briefs on
effect of a mortgagee's bankruptcy
on ownership of the mortgage

Documents:

The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of Beal Bank USA v. New Century Mortgage Corporation, Law Court docket number Pen-18-158.  Beal Bank appeals from an order of the Superior Court denying its request to impose a constructive trust in its favor on a mortgage that was at one time owned by New Century Mortgage Corporation, the assets of which were liquidated in a Chapter 11 bankruptcy case in the United States Bankruptcy Court.  The Law Court specifically requests that amici address the following issues:

a.  Do Maine state courts have the authority to determine who owns the mortgage at issue here, given that the mortgage was the property of a debtor in a Chapter 11 case in the United States Bankruptcy Court that was concluded before Beal Bank's complaint was filed?

b.  How does New Century's bankruptcy affect the ownership of the mortgage given that there is nothing in the record to show the disposition of the mortgage from the bankruptcy estate or liquidation trust?

c.  How does New Century's bankruptcy affect the ability of a court to impose a constructive trust on the mortgage at issue here?

The parties' briefs and the appendix, as well as the Bankruptcy Court's order closing the bankruptcy matter, are available at the links above 

An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before March 8, 2019.  An amicus brief must be filed at the address listed below and must comply with M.R. App. P. 7A.  In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single "native" or text-based .pdf file, to lawcourt.clerk@courts.maine.gov.

Dated:  January 25, 2019

Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov