¶ 1. BURGESS, J. Defendant Randy J. Rouleau appeals the decision of the Washington CivilDivision holding that
Wells Fargo Bank Minnesota, N.A., as Trustee for the registeredholders of Credit Suisse First Boston Mortgage Security Corp
., Commercial MortgagePass-Through Certificates, Series 2001-CF2
(Wells Fargo), is entitled to enforce defendant’s personal
guaranty of a promissory note secured by mortgages
on five mobile home parks. The civil divisionconcluded that
Wells Fargo could enforce the guaranty as the holder of thenote under 9A V.S.A. § 3-301(i), which defines who may enforce anegotiable instrument.Defendant argues that the court erred in ruling that Wells Fargo hasstanding to enforce the guaranty because Wells Fargo cannot provethe chain of assignments from the original lender to itself andtherefore that Wells Fargo, and not some third party, is the assigneeof the guaranty. Defendant also argues that the court erred intreating assignment of the note as sufficient to show assignment of the guaranty because the guaranty, in contrast to the note, is aseparate contract that must be expressly assigned.Finally, defendant argues that because Wells Fargo lacks standing toenforce the guaranty, the court lacked jurisdiction over theenforcement action.We affirm.
¶ 2. The civil division’s findings may be summarized as follows.
In November 2000, R&G Properties, Inc. (R&G) borrowed $2.15 million from Column Financial, Inc.(Column).
Defendant, as R&G’s president and agent, signed a promissory note memorializing the loan, which was
secured by a mortgage on five mobile home parks owned by R&G.
Attached to the note is an allonge, entitled “First Allonge to Promissory Note,” assigning the note to