Wells Fargo Bank, N.A. v. Behrendt.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.

OPINION OF THE COURT BY POLLACK, J.

*91 This case involves the question of whether a purchaser of property that is subject to a mortgage to which the purchaser is not a party may challenge a foreclosing plaintiff's entitlement to enforce the note. Because the requirement-that a party seeking to foreclose must be entitled to enforce the note at the inception of the foreclosure action-is based on principles of standing and statutory construction rather than contractual rights, we hold that the purchaser may assert such a challenge. In…