Bank of New York Mellon v. Rogers

Court granted summary judgment, foreclosure judgment, and confirmation of sale in favor of Plaintiff. Modification Agreement supplements mortgage and note, to make the note complete, and is burdened by covenants contained in mortgage, both of which destroy its negotiability. As this Modification Agreement is not a separate agreement, it is not a negotiable instrument. Thus, Plaintiff had standing to bring foreclosure action, as it was a holder in due course when it possessed the original note that was indorsed in blank, and as terms of Modification Agreement destroyed its negotiability.(BURKE and HUDSON, concurring.)