Absolutely FALSE. A NOTE and a Mortgage are not the same thing. Without the mortgage, that actually ties the note to the property, the note holder has ZERO authority to take the house when payments are not recieved. Without showing the court they are the true MORTGAGE HOLDER they have ZERO standing before the court to foreclose and take the property.
This is basic stuff, this judge made the absolutely right call and its amazing its taken this long for a Judge to come down with this ruling. No judge should be allowing a foreclosure hearing to procede without the plantiff physically producing the mortgage and proving they are its rightful owner.
The law specifically states that the mortgage follows the note. If you assign the note, you assign the mortgage.