Good v. Wells Fargo Bank, N.A.

18 N.E.3d 618 (2014)

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Nature of the Case

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Facts

D purchased real estate and executed an electronic promissory note ('the Note') in favor of Synergy Mortgage Group, Inc. D stopped making payments on the loan. On November 9, 2011, MERS, as nominee for Synergy, assigned the mortgage to P. This assignment was recorded on November 14, 2011. P filed a complaint to foreclose the mortgage. D filed an answer alleging that P was not a holder in due course of the Note and that it lacked standing. The note included Clause 11. D claims to have obtained a copy of a paper note during discovery that does not include Clause 11. P moved for summary judgment. P designated an Affidavit in Support of Judgment ('the Affidavit') in which Shemeka Moye, P's Vice President of Loan Documentation, stated P, 'directly or through an agent, has possession of the Promissory Note at issue. D responded, arguing that P held only a photocopy of the Note without any endorsements and, without more, did not establish that it was entitled to enforce the Note. P also asserted that it controlled the electronic note and was entitled to enforce it. P relied on a Certificate of Authentication from an Assistant Vice President of P, Thresa Russell. The trial court concluded that P had standing to enforce the Note and mortgage and partially granted P's motion for summary judgment. The trial court concluded that there were genuine issues of material fact regarding the validity of D's electronic signature on the Note and the amount due and owing on the Note. After trial, the court determined the payoff amount and entered judgment for P. The court then issued a judgment of foreclosure. D appealed.