Creadon v. U.S. Bank N.A.

NORTHCUTT, Judge.

The circuit court entered final judgment in favor of U.S. Bank N.A., foreclosing a mortgage encumbering property owned by Dennis Creadon and Arthur Miltiades. The owners assert that U.S. Bank did not prove its standing to foreclose the note and that the court erred in substituting it as the plaintiff. We agree on both points and reverse the judgment.

The original lender was BancMortgage Financial Corporation. The note was payable to BancMortgage, and the mortgagee under the security agreement was Mortgage Electronic Registration Systems, Inc., commonly known as MERS. In 2009…