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WI Appeals Court Reverses SJ “Affidavit Submissions, Do Not Authenticate Assignment and Note” PHH MTG v. KOLODZIEJ

WI Appeals Court Reverses SJ “Affidavit Submissions, Do Not Authenticate Assignment and Note” PHH MTG v. KOLODZIEJ


COURT OF APPEALS
DECISION
DATED AND FILED

March 10, 2011

STATE OF WISCONSIN

PHH MORTGAGE CORPORATION

v.

ROBERT L. KOLODZIEJ AND DEBRA SNOBL, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OFMARCELLA L. KOLODZIEJ,
DECEASED

Excerpts:

¶21 Because the assignment of the mortgage is neither authenticated by averments in an affidavit that would suffice at trial nor self-authenticated by means of a certified copy, it cannot be considered in determining whether PHH made a prima facie case for summary judgment.4

<SNIP>

¶28 Because PHH’s submissions do not provide authentication for the mortgage assignment and for the endorsed note, its submissions do not make a prima facie showing that it is the holder of the mortgage and note. The court therefore erred in granting summary judgment in PHH’s favor. This conclusion makes it unnecessary to address the Estate’s argument that, even assuming these documents were authenticated, PHH still did not make a prima facie case for foreclosure.7

continue below…

[ipaper docId=50504276 access_key=key-1791n75yybf7s4seziy5 height=600 width=600 /]

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Proving “Originality” and Ownership of Electronic Mortgage Notes

Proving “Originality” and Ownership of Electronic Mortgage Notes


“Testing”- Document Authenticity

READ CAREFULLY…

  • The mortgage market’s continued ability to lend money relies on the liquidity of promissory notes secured by real property.
  • Paper promissory notes are endorsed “in blank”so that whoever has “possession”of the note is considered a holder, holder in due course, or purchaser.

[ipaper docId=35170867 access_key=key-qw5eoqxma51sn7wcqic height=600 width=600 /]

If you on SPERS.org’s site there is also some information to be looked at…like power point presentation and some pdf files. Click below

SPERS.ORG

Posted in foreclosure, foreclosures, MERS, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., noteComments (1)


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