Nationstar Mortgage, LLC v. Niday

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Property Law
  • Date Filed: 02-15-2017
  • Case #: A160373
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Egan, J.; & Lagesen, J
  • Full Text Opinion

Under the Uniform Commercial Code “the current holder of a promissory note, indorsed in a blank, gives [the current holder] the right to enforce the note.”

Defendants appealed a general judgment of judicial foreclosure of a deed of trust. Defendants made multiple assignments of error, two of which, were rejected without discussion. The issue discussed by the Court involved whether the trial court erred in granting summary judgment because there were “unresolved issues of transfer and ownership” of a promissory note, and deed of trust. The Court rejected the assignment, because as the Court noted, the record contained undisputed evidence that, at the time of the foreclosure action, Plaintiff was in possession of the promissory note. Therefore, Plaintiff was entitled to enforce the promissory note since they were the “holder” of it, and since Defendants did not present any evidence to the contrary, the Court upheld the summary judgment. Affirmed. 

Advanced Search