May v. PHH Mortgage Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the plaintiff in a foreclosure action has the burden to prove standing at trial
• holding that bank’s failure to present evidence that it held defendant’s note prior to inception of its foreclosure lawsuit was a “failure to prove a prima facie case” that warranted dismissal
• holding that bank's failure to present evidence that it held defendant's note prior to inception of its foreclosure lawsuit was a \failure to prove a prima facie case\ that warranted dismissal
• holding that when a nonoriginating lender alleges it is a holder it must adduce evidence at trial that it had possession of the original note with the proper indorsements when it filed the foreclosure complaint
• finding no standing where bank could not prove it possessed the note, endorsed in blank, at the time it filed the complaint
• reversing final judgment and finding that bank’s failure to prove prima facie case warranted dismissal, as “none of the evidence adduced at trial demonstrated when, if at all, the bank came into possession of the note”

Source: CourtListener parenthetical corpus (CC0).