Martin v. New Century Mortgage Co.

Homeowners appeal the trial court's judgment in this contractual standing case arising out of an attempted non-judicial foreclosure of a mortgage loan. Under common-law principles of assignment, a party who fails to qualify as a holder for lack of an endorsement may still prove that it owns the note. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-11-00792-CV, 06-14-2012.

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OPINION

This contractual standing case arises out of an attempted non-judicial foreclosure of a mortgage loan. Homeowners Marvin Martin and Natalie Arceneaux appeal the trial court’s summary judgment order in favor of New Century Mortgage Corporation, Carrington Mortgage Services, and Barclays Capital Real Estate, Inc. d/b/a Home Q Servicing. Wells Fargo Bank N.A., acting as trustee for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass Through Certificates (“Wells Fargo”), responded to the suit (collectively, “the lenders”). New Century assigned the deed of trust and underlying debt to Wells Fargo in its capacity as trustee. Carrington Mortgage acts as servicer on behalf of Wells Fargo.

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