DocketNumber： 20120173
Citation Numbers： 2012 ND 194
Filed Date： 9/25/2012
Status： Precedential
Modified Date： 10/30/2014
Filed 9/25/12 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
CitiMortgage, Inc., Plaintiff and Appellee
v.
Delbert L. Adolph Jr.;
Katherine L. Adolph; and
any person in possession, Defendants
Delbert L. Adolph Jr.;
Katherine L. Adolph, Appellants
No. 20120208
Appeal from the District Court of Traill County, East Central Judicial District, the Honorable Steven L. Marquart, Judge.
AFFIRMED.
Per Curiam.
Mark C. Sherer, 38 2nd Avenue East, Dickinson, ND 58602-1097, for plaintiff and appellee; on brief.
Delbert L. Adolph, self-represented, and Katherine L. Adolph, self-
represented, 14885 11th St. NE, Portland, ND 58274, appellants; on brief.
CitiMortgage, Inc. v. Adolph
No. 20120208
Per Curiam.
[¶1] Delbert and Katherine Adolph appealed from a district court order granting foreclosure on their mortgaged property. On appeal, the Adolphs argue CitiMortgage was required to produce the original promissory note, CitiMortgage was not a proper holder of the note, and their right to due process was violated. We affirm under N.D.R.App.P. 35.1(a)(6) and (7); see N.D.R.Ev. 1003 (stating a duplicate may be used to the same extent as the original unless a genuine issue is raised as to the authenticity or effectiveness of the original); Robertson v. Brown , 75 N.D. 109, 114, 25 N.W.2d 781, 784-85 (1947) (stating “[t]he transfer of a promissory note carries with it the mortgage securing the note though no valid assignment of the mortgage is executed and delivered.”).
[¶2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
Daniel J. Crothers
Dale V. Sandstrom