Wells Fargo Bank, N.A. v. Burek
Annotate this CaseWells Fargo Bank filed a complaint for foreclosure against Kenneth and Shelley Burek, alleging that the Bureks had defaulted on a promissory note held by Wells Fargo, thus breaching a condition of a corresponding mortgage held by the bank. During trial, the superior court admitted into evidence the promissory note, mortgage, and loan modification agreement between the Bureks and Wells Fargo proffered by Wells Fargo in addition to other documents. The trial court entered a judgment of foreclosure for Wells Fargo, concluding that the bank failed to prove it was a holder of the note but that it was entitled to enforce the note as a nonholder in possession with the rights of a holder. The Supreme Court affirmed, holding that competent evidence supported the superior court's conclusion that Wells Fargo certified its proof of ownership of the mortgage note for purposes of Me. Rev. Stat. 14, 6321 by demonstrating that it was a nonholder in possession with the rights of a holder pursuant to Me. Rev. Stat. 11, 3-1301.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.