Corrigan v. Bank of America, N.A.

Today the court ensures that we -continue-along a well-worn road of standing law» in mortgage foreclosure proceedihgs. Because we must hew to the route laid before us, I concur with the court’s decision. But I question the rationale of applying the affirmative defense 'of standing as if it were a jurisdictional prerequisité in cases such as these. Our courts’ unwavering adherence to this standing-at-inception requirement imposes inequities in foreclosure cases and, in my opinion, has led the rule astray from whatever its underlying purpose may have been. We ought to change course.

I

In recent…