Kajaine Estates, LLC v. U.S. Bank National Ass'n

The issue presented is whether a party that, purchased a note from a plaintiff that unsuccessfully attempted to foreclose on the note is entitled to recover the original note from the court file. U.S. Bank National Association (“U.S. Bank”) brought the initial foreclosure action in this case. Prior to trial, U.S. Bank substituted Kond-aur Capital Corporation (“Kondaur”) as party plaintiff,'alleging that U.S. Bank had assigned Kondaur its right to-enforce the note.

The trial court determined that Kond-aur’s witness was not qualified to testify regarding.the note’s history nor to establish the…