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Good v. Wells Fargo Bank, N.A.

Court of Appeals of Indiana

18 N.E.3d 618 (2014)

Relevant factsFree

Good (defendant) signed an electronic promissory note secured by a mortgage, with the note itself specifying that the sole authoritative copy was the copy controlled by whoever the note registry identified as the holder; the mortgage was later assigned to Wells Fargo (plaintiff) as servicer for Fannie Mae. When Good stopped paying and Wells Fargo sued to foreclose, Good argued Wells Fargo lacked standing because it wasn't the note's holder; Wells Fargo presented only a certificate stating it maintained "a copy" of the note on the lender's behalf, without evidence of a note registry, registry-identified holder status, or the note's actual transfer from the original lender Synergy. The trial court granted Wells Fargo summary judgment.

IssueFree

Whether a person with control of an electronic negotiable instrument is the holder of that instrument for purposes of the Uniform Commercial Code.

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