Lesson. In some cases, proof of the date upon which a foreclosing lender acquired possession of a promissory note (endorsed in blank) could be important.
Case cite. Howard v. US Bank Trust N.A., 247 N.E.3d 761 (Ind. Ct. App. 2024)
Legal issue. Whether Indiana’s mandatory pre-suit notice of default was invalid, such that the subsequently filed residential foreclosure action was premature.
Vital facts. Borrower defaulted on her promissory note and …