Rosestone Investments, LLC v. Garner

Defendant appealed pro se from order confirming sale of property. Defendant argued that Plaintiff did not have standing to file mortgage foreclosure action, because MERS had not executed assignment of mortgage to Plaintiff until 4 days after suit filed. Defendant has burden to plead and prove standing, but failed to do so, as he failed to produce any evidence other than "Assignment of Mortgage" document. Complaint, assignment, affidavit, and note show that Plaintiff has a real interest in outcome of controversy. Defendant waived right to contest service as he never asked for service to be quashed, and never previously contested service. (LAVIN and EPSTEIN, concurring.)