Defendant sought to dismiss foreclosure on grounds that the plaintiff was not in possession of the subject note at the time the foreclosure complaint was filed, and therefore lacked standing and the court lacked jurisdiction. The trial court granted strict foreclosure in favor of the plaintiff and the defendant appealed. The appellate court held that if the plaintiff did not hold the note at the time it commenced the action, then the plaintiff would have lacked standing to commence foreclosure. The court concluded that it was unable to resolve whether or not the plaintiff had standing to bring an action because it was not clear from the record whether the plaintiff was in possession of the note at the time the complaint was filed. The case was remanded.
Held: To Have Standing In Foreclosure Plaintiff Must Hold Note When It Files Complaint