08-09-11 DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC. VS. CONSTANCE LAWRENCE MITCHELL, ET AL.
The grant of summary judgment to plaintiff in this foreclosure case involving a "mortgage rescue scam" was appealed by the homeowner victim after a sheriff's sale back to plaintiff. Nonetheless, given the importance of the issue, we reverse the trial court's decision that, although plaintiff filed its original complaint before being assigned the mortgage, it acquired standing by filing an amended complaint after the assignment. Holding that either an assignment or possession of the note prior to the filing of the complaint is required to obtain standing to foreclose, we remand to the trial court to allow plaintiff to submit proof that it had possession of the note before filing the original complaint.