U.S. Bank v. Kosterman

Lack of standing is an affirmative defense to mortgage foreclosure case. Court erred in striking affirmative defenses at pleading stage, as that prevented Defendants from taking discovery on possible defenses. Defendant homeowners were improperly denied opportunity to mount meaningful defense to foreclosure action because plaintiff bank failed to produce records relied on by bank's vice-president of loan documentation, who signed affiidavit in support of bank's motion for summary judgment, and bank refused to produce affiant for deposition. (NEVILLE, concurring; LIU, dissenting.)