American Bank of the South v. Rothenberg

GOSHORN, Chief Judge.

The American Bank of the South appeals the summary final judgment of foreclosure in favor of Jack Rothenberg, trustee. This case arises from the successive assignment of a note and mortgage and the assignees’ competing claims thereto. We agree with American Bank’s argument that the unrecorded assignment of a promissory note and mortgage, coupled with delivery of the original promissory note, allows the original assignee to prevail over a subsequent assignee of the mortgage who receives only a copy of the note. Accordingly, we reverse and remand for entry of judgment in…