Homeward Residential, Inc. v. Marianne A. Gregor

Summary

The court held that the plaintiff lacked standing to prosecute the foreclosure because it admitted that it did not own the mortgage and failed to show that it was claiming under the mortgage owner. Although the trial court had subject-matter jurisdiction over foreclosure actions, it could not reach the merits when the plaintiff lacked standing and therefore should have dismissed the action without prejudice. The court vacated the judgment in its entirety, including the trial court’s reservation concerning future litigation, and remanded for dismissal.