Deutsche Bank National Trust Co. v. Wuensch
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At issue in this foreclosure case was whether presentment by a party’s attorney of an original, wet-ink note endorsed in blank is admissible into evidence and enforceable against the borrower without further proof that the holder had possession at the time the foreclosure action was filed.
The Supreme Court reversed the court of appeals’ summary disposition reversing the circuit court’s foreclosure judgment against Defendant in favor of Bank. Bank produced a note at trial, and the circuit court concluded it was the original note executed by the borrower. The court of appeals concluded that the issue of possession of the original note had to be proven at trial and that Bank was required to present testimony from a witness with personal knowledge who could verify possession of the note by Bank up to the moment Bank presented the note to the circuit court. The Supreme Court reversed, holding that presentment to the trier of fact in a mortgage foreclosure proceeding of the original, wet-ink note endorsed in blank establishes the holder’s possession and entitles the holder to enforce the note.
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