J.m. Shrewsbury, A/k/a J. Michael Shrewsbury, and Kathy Shrewsbury, Defendants Below-Appellants v. the Bank of New…

Summary

The Court held that a mortgage assignee must also be entitled to enforce the underlying debt before it may foreclose on the mortgage. Because the Bank had not shown that it could enforce the note and the record raised a factual dispute on that point, summary judgment was improper and the judgment was reversed and remanded. Chief Justice Strine, dissenting, would have affirmed, reasoning that the foreclosure statute permits a mortgage holder to foreclose without proving ownership of the note.