Anderson v. BursonAnnotate this Case
Petitioners defaulted on their refinanced home mortgage because of financial hardships. Faced with foreclosure, Petitioners initiated a request to enjoin the foreclosure action filed by Respondents. Respondents, the substitute trustees under the mortgage and Deutsche Bank, possessed and sought to enforce an under-indorsed mortgage note, which, prior to coming into their possession, was transferred three times intermediately, bundled with a multitude of other mortgages, securitized, lost, and then discovered before the ultimate evidentiary hearing leading to the foreclosure sale. The trial court denied injunctive relief to Petitioners, and the court of special appeals affirmed. The Court of Appeals affirmed, holding that Respondents were nonholders in possession and entitled to enforce the note and deed of trust through foreclosure.