U.S. Bank Trust National Assoc. v. Lopez

Plaintiff filed foreclosure suit, and Defendants raised affirmative defense that Plaintiff lacked standing when it filed suit.Court properly entered order striking affirmative defenses as to standing and Rule 113(b). Mortgage clearly was assigned to Plaintiff before original complaint was filed, and complaint attached a copy of the note. Thus, there was evidence establishing that Plaintiff was in possession of the note with the rights of a holder to enforce the note. There are factual issues as to Plaintiff's compliance with section 203.604 of Code of Federal Regulations, and court erred in striking that affirmative defense.(McLAREN and SCHOSTOK, concurring.)