HSBC Bank USA, National Ass'n v. Lyon, 2012 OK 10

HSBC filed a foreclosure action against Wesley and Pamela Lyon seeking to enforce a note and mortgage in nov 2008.
HSBC amended pleadings multiple times, claiming it was the present holder of the note and mortgage.
Lyons challenged HSBC's standing; trial court denied HSBC's initial summary judgment and dismissed without prejudice.
HSBC filed a second amended petition with a blank-indorser note indorsed in blank and an assignment of the mortgage dated Sept 15, 2009.
A renewed summary judgment motion was granted (Apr 2011) after evidence showed HSBC as current holder and Lyons in default since July 1, 2008.
Lyons did not present contrary evidence of payment or validity of the note or mortgage; dismissal and refiling cured initial standing defects.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether HSBC had standing to foreclose	Lyon: HSBC showed indorsement and assignment, making HSBC holder.	Lyons: lack of standing due to facial note defects and insufficient ownership proof.	Yes; HSBC had standing; summary judgment proper.

Gill v. First Nat. Bank & Trust Co. of Oklahoma City, 159 P.2d 717 (Okla. 1945) (foreclosure requires proof of right to enforce the note)
Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (standing determined as of commencement; injury in fact required)
Doan, Matter of the Estate of, 727 P.2d 574 (Okla. 1986) (standing requires direct, immediate, substantial interest)
Hendrick v. Walters, 865 P.2d 1232 (Okla. 1993) (standing defined; can be raised at any stage)
Font v. Contingency Review Board, 168 P.3d 512 (Okla. 2007) (standing may be raised at any stage)
Fent v. Contingency Review Board, 163 P.3d 512 (Okla. 2007) (three elements of standing; injury, causation, redressability)
Weeks v. Wedgewood Village, Inc., 554 P.2d 780 (Okla. 1976) (pleading burden to show proof when moving for summary judgment)