Gerber, L. v. Piergrossi, R., 142 A.3d 854

Mortgage securing property at 20 Aubrey Court, Royersford, PA, executed April 9, 2010, with MERS as nominee for Infinity; recorded May 13, 2010.
Promissory Note to Infinity for $278,167 with 6% interest, payable in monthly installments; note includes language defining Note Holder upon transfer.
Default on March 1, 2011 and Mortgage assignment from MERS to Infinity on October 11, 2011; Infinity later assigns to Appellee Linwood Gerber; assignment recorded Jan 31, 2014.
Infinity filed mortgage foreclosure; Amended Complaint attached original mortgage and an assignment; Gerber substituted as successor in interest by voluntary substitution.
Appellee (Gerber) moved for summary judgment; trial court granted; Appellants challenged standing and note endorsement under PUCC.
This appeal affirms the trial court’s grant of summary judgment, holding Appellee had standing and proper possession of the Note and Mortgage.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing to foreclose contested	Gerber shows ownership of mortgage and possession of note	Murray-type challenge: no valid indorsement transfers ownership	Appellee has standing; valid assignment and possession
Effect of note endorsement under PUCC	Note bears bearer language; endorsement not required for Holder	PUCC demands special/indorsements to prove holder	Note is negotiable; bearer note permitted; Appellee may enforce

J.P. Morgan Chase Bank, N.A. v. Murray, 63 A.3d 1258 (Pa. Super. 2013) (standing depends on possession of note; not dispositive of all issues)
CitiMortgage, Inc. v. Barbezat, 131 A.3d 65 (Pa. Super. 2016) (mortgagee real party in interest; standing to foreclose)
Wells Fargo Bank, N.A. v. Lupori, 8 A.3d 919 (Pa. Super. 2010) (mortgagee as real party in interest; standing to foreclose)
Barbezat, 131 A.3d 65 (Pa. Super. 2016) (recognizes real party in interest and possession requirements)