Lizio v. McCullom

The issue presented is whether the trial court erred in granting appellees’ motion to dismiss on the basis that appellant’s production of the original note and mortgage, along with a valid written assignment of the note and mortgage from the estate of the original mortgagee, was insufficient to establish “current” ownership of the mortgage. We find that the production of the original note, mortgage, and assignment did constitute prima facie evidence of ownership, and the trial court’s dismissal was reversible error.

Appellees executed a mortgage and a promissory note for $200,000 in favor of…