BANK FAILS TO ESTABLISH STANDING TO SUE WITHOUT DETAILS OF NOTE'S PHYSICAL DELIVERY

U.S. Bank moved to strike defendants' answer, defenses and counterclaim, and granting it summary judgment in this foreclosure proceeding. It produced a copy of the mortgage, and written assignment of same, among other things, proffering an affidavit of Wilde, who asserted defendants defaulted on the loan and bank was in physical possession of the note. Defendants asserted they never received correspondence regarding foreclosure settlement conferences, seeking to have the matter remanded to the settlement part. They also challenged bank's standing to sue herein. Wilde's affidavit averred only that before the action was commenced it was verified that bank was in physical possession of the note, but he did not provide factual details regarding the physical delivery of the note, or that he personally inspected the original note. The court stated absent such further details, bank failed to establish prima facie it was holder of the note before commencement of this action, and thus, was insufficient to establish bank's standing without details concerning the physical delivery. Given that defendants resided at the property, only missed an initial recent conference date and public policy considerations, the court referred the matter to the foreclosure settlement conference part.

The full article and decision can be found here