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The Maine Supreme Judicial Court invites amicus briefs regarding a mortgage foreclosure when a debtor is deceased, time for probate has passed, and the property is owned by a surviving joint tenant who is not liable on the note.
The issue comes from the appeal of Key Bank National Association v. Keniston, in which Key Bank appeals from an order dismissing its mortgage foreclosure complaint without prejudice because the debtor, an indispensable party, is not a party to the action, according to the announcement for amicus briefs.
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