In Marcuzzo v. Bank of the West, 862 N.W. 2d 281 (Neb. 2015), the Nebraska Supreme Court upheld a lower court’s ruling that the borrower-plaintiffs in a consumer foreclosure action lacked standing to challenge the validity of a mortgage assignment. The Court held that the borrower-plaintiffs were neither parties to nor beneficiaries of the mortgage assignment. Therefore, the borrower-plaintiffs lacked standing to attack the validity of the mortgage assignment since the borrower-plaintiffs’ obligations and liabilities under the note and the mortgage were not altered by the assignment.
