The law specifically states that the mortgage follows the note. If you assign the note, you assign the mortgage.
If a particular party is, in fact, the rightful mortgage holder, it should be easy for that party to produce the legal documents required to prove that ownership. As soon as the alleged mortgage holder complies with the law, I’m sure the judge will let the foreclosure proceed.
The law does not say you show me some paper saying I have an agreement to transfer the note that you are the note holder.
You don’t produce the physical docs, you got squat.
Judge absolutely nailed this one 100% correctly.
You can’t produce the physical mortgage and prove you are the holder of it you have ZERO right to file foreclosure.