In re: Frucella

ZACHARY, Judge.

*632 David and Marilyn Frucella ("Respondents") appeal from a trial court's order allowing CitiMortgage, Inc. to foreclose on their home under the power of sale provision in their deed of trust, arguing that *633 CitiMortgage was not the holder of the Note, which was lost. We find that CitiMortgage satisfied the statutory provisions for enforcement of a lost note, and was permitted by law to enforce the Note. Therefore, we affirm the trial court's order.

Background

On 28 June 1985, Respondents executed an Adjustable Rate Note ("Note") in the amount of $191,000 for their new home on…