CitiMortgage, Inc. v. Sconyers

(Court opinion corrected 7/17/14.) In mortgage foreclosure case, bank sustained its burden to show that it was holder of original note and mortgage and Defendants failed to adduce any competent evidence that endorsement on note had been altered, despite allegation that endorsement was "smudged." Thus, court properly granted summary judgment for bank. Undisputed fact that bank took assignment of mortgage from MERS gave it standing to maintain foreclosure action so that it was unnecessary to address claim of altered endorsement. (HYMAN, concurring; NEVILLE, dissenting.)