To have standing in a foreclosure action, what must the mortgagee typically prove?

• A. The mortgage must be recorded in the proper office.
• B. The mortgagee must show ownership of the debt by the borrower.
• C. Physical possession of the promissory note and the mortgage at the time the action is commenced.
• D. The borrower is in default and the property is free of liens.

Answer: (C)

Standing to foreclose rests on showing you are the holder of the promissory note or otherwise have the right to enforce the debt secured by the mortgage. In practice, this is demonstrated by physical possession of the original promissory note together with the mortgage at the time the action is commenced, along with the proper chain of endorsements or assignments. The note is evidence of the debt, and the mortgage is its security; having both shows you have the legal right to demand payment and initiate foreclosure. If you cannot prove you hold the note or have an enforceable right to collect, you lack standing even if the borrower is in default.

Recording status or priority concerns don’t by themselves establish standing, and the borrower owning the debt is incorrect—the lender owns or has the right to enforce the debt. Default status and the absence of other liens don’t in themselves prove you have the right to sue.