Shrewsbury v. The Bank of New York Mellon

VAUGHN, Justice,

for the Majority:

This is a mortgage foreclosure action brought by Appellee The Bank of New York Mellon, f/k/a The Bank of New York (“The Bank”) against Appellants J.M. *473Shrewsbury and Kathy Shrewsbury. The Bank is not the original mortgagee. It received the Shrewsbury mortgage by an assignment from the original mortgagee. The Shrewsburys filed an answer to the complaint asserting that the note representing the debt secured by the mortgage had not been assigned to The Bank. They further asserted that since the note had not been ássigned to The Bank, it did not have the right to…