Justice Thomas Whelan
Onewest Bank sought to foreclose a mortgage given by Davies defendants to secure a mortgage note for $428,000. Onewest claimed defendants defaulted in their payment obligations. Defendants denied the material allegations in the bank’s complaint, asserting 10 affirmative defenses, including Onewest’s alleged lack of standing. The court disagreed finding the bank’s moving papers established prima facie that it had standing to prosecute its pleaded claims for foreclosure and sale by its possession of the mortgage note bearing an indorsement in blank by the original mortgagee at the time Onewest commenced this action. Onewest established it took possession of the note before commencing this action, and was the holder of it as the note contained an indorsement in blank on its face. The court further found that none of the asserted defenses by the Davies defendants, nor those that were not asserted on this motion, but raised in the answer, rebutted Onewest’s prima facie showing of its entitlement to summary judgment. The court also rejected as unmeritorious defendants’ claims that Onewest engaged in acts giving rise to defenses, including unclean hands and bad faith. Hence, Onewest was entitled to summary judgment on its complaint.
