Wilmington Savings Fund Society, FSB v. Abildgaard
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The Supreme Judicial Court affirmed the judgment of the superior court in favor of David Abildgaard following a trial on the foreclosure complaint filed by Wilmington Savings Fund Society, FSB, as Trustee for RPMLT 2014-1 Trust, Series 2014-1, holding that Wilmington failed to present evidence at trial of all necessary elements of its foreclosure claim.
Abildgaard executed and delivered a promissory note and allonge in favor of Wilmington secured by a mortgage on real property located in Portland. Over a decade later, after Abildgaard defaulted on the loan, Wilmington filed a foreclosure complaint. After a bench trial, the court entered judgment for Abildgaard. The Supreme Judicial Court affirmed, holding that Wilmington failed to present evidence to establish all required elements of its foreclosure claim, and therefore, Abildgaard was entitled to a judgment on the merits.
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