even be reached. Does the plaintiff have standing
bring the lawsuit?3 Ms. Matt contends thatHSBC does
have standing, and moves to dismiss this action on that basis.For the reasons set forth below, I find that HSBC has sufficient standing to obtain adetermination
status under the Act. The motion to dismiss is thus
Since Ms. Matt does not claim to be a servicemember, judgment that she is not entitled to
shall also enter.
This is a Servicemember's action. It does not seek, and
law cannot give, adetermination that Ms. Matt is in breach
property. Indeed, it is not clear from the record that HSBC isthe current holder
either the note or the mortgage -questions I need
and do not decide inthis proceeding
which certainly will arise
the context offoreclosure.
Bank N A.
202 (2009), 17 LCR 679 (2009).
a plaintiff need
be the current holder
the note or the mortgage to have standing in a Servicemember's case.
the plaintiff satisfies the general requirements
has a sufficient stake
an otherwise justiciable controversy to obtainjudicial resolution
that controversy is what has traditionally been referred to as the question
standing to sue."
405 U.S. 727, 731-32 (1972).
Standing is a matter
subject matter jurisdiction.
the plaintiff does not have standing, the court has nojurisdiction to hear the dispute.
Admin. and Mgmt.
he Trial Court,
The record contains a document entitled "assignment
mortgage," recorded at the Norfolk CountyRegistry
(Nov. 16,2007), which purports to be an assignment
Ms. Matt's"mortgage and the note and claim secured thereby" from
Century Mortgage Corportation to HSBC. This"assignment," however, is dated November
at a time when
Century was in bankruptcy (it filed onApril 2, 2007), and there is nothing in the record to indicate what authority,
any, the bankruptcy court grantedeither New Century or its purported agent, Kimberly Dawson, to make such an assignment. There is also nothing inthe record to indicate that Ms. Dawson either (a) held the office at New Century she purported to hold, or (b) even
she held such an office, that she had New Century's authority to assign its assets