The plaintiff must show it holds the original promissory note (or a properly endorsed copy) and had possession at the time the complaint was filed.
If the note was sold, the plaintiff must prove each transfer in the chain. A single missing assignment can destroy standing. Every link in the chain must be documented and valid.
MERS (Mortgage Electronic Registration Systems) may lack independent authority to assign mortgages. If MERS assigns as "nominee" for an entity that no longer owns the loan, the assignment is defective and standing fails.
Dream Financial Management identifies standing defects and demands the plaintiff prove every element of their claim.
Mortgage Electronic Registration Systems (MERS) acts as nominee for the lender in the land records — but MERS typically doesn't hold the note. A foreclosure filed in MERS's name when MERS doesn't hold the note is a standing defect. Many courts have held that MERS, as "nominee" only, lacks standing to foreclose in its own name.
Assignments signed by known robo-signers — employees who signed thousands of documents without reviewing them — are presumptively unreliable. If the assignment was signed by a known robo-signer (well-documented in court cases and consent orders), challenge its validity. The assignment may be void or voidable.
If the assignment was executed or recorded after the complaint was filed, the plaintiff didn't have the assignment when they sued. This is a clear standing defect. The plaintiff may argue the assignment "relates back" — but most courts reject this argument. Standing must exist at filing, not be acquired later.
For securitized loans, the PSA typically requires all loans to be transferred to the trust by a closing date. If your loan was transferred after this date, the transfer may be void under the PSA and New York trust law (most PSAs are governed by New York law). This is a sophisticated defense but can be devastating when properly raised.
The note must show a chain of endorsements from the original payee to the current holder. Notes endorsed in blank (no named endorsee) are bearer instruments — the holder can enforce them. But gaps in endorsement chains or missing allonges create genuine issues about who actually holds the note. Demand production of the original note with all endorsements and allonges.
Standing is raised as an affirmative defense in your Answer: "Plaintiff lacks standing to bring this foreclosure action." But the real work happens at summary judgment. The lender must prove standing with admissible evidence. Your opposition identifies why their evidence fails — why the affidavit is insufficient, why the note copy is uncertified, why the assignment chain is broken. In discovery, demand: the original note, all assignments, the complete chain of title documents, and the PSA (for securitized loans).
Trace and challenge mortgage assignments.
Identify broken chains and defective transfers.
When the lender can't produce the note.
Complete catalog of 25+ defenses.
Force the lender to prove standing.
Defeat summary judgment with standing challenges.