State v. Delage

¶1Filed 9/25/12 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72012 ND 188

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¶11CitiMortgage, Inc., Plaintiff and Appellee

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¶13v.

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¶15Delbert L. Adolph Jr.;

¶16Katherine L. Adolph; and

¶17any person in possession, Defendants

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¶19Delbert L. Adolph Jr.;

¶20Katherine L. Adolph, Appellants

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¶24No. 20120208

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¶28Appeal from the District Court of Traill County, East Central Judicial District, the Honorable Steven L. Marquart, Judge.

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¶30AFFIRMED.

¶31

¶32Per Curiam.

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¶34Mark C. Sherer, 38 2nd Avenue East, Dickinson, ND 58602-1097, for plaintiff and appellee; on brief.

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¶36Delbert L. Adolph, self-represented, and Katherine L. Adolph, self-

¶37represented, 14885 11th St. NE, Portland, ND 58274, appellants; on brief.

¶38CitiMortgage, Inc. v. Adolph

¶39No. 20120208

¶40

¶41Per Curiam.

¶42[¶1] Delbert and Katherine Adolph appealed from a district court order granting foreclosure on their mortgaged property.  On appeal, the Adolphs argue CitiMortgage was required to produce the original promissory note, CitiMortgage was not a proper holder of the note, and their right to due process was violated.  We affirm under N.D.R.App.P. 35.1(a)(6) and (7); see N.D.R.Ev. 1003 (stating a duplicate may be used to the same extent as the original unless a genuine issue is raised as to the authenticity or effectiveness of the original); Robertson v. Brown, 75 N.D. 109, 114, 25 N.W.2d 781, 784-85 (1947) (stating “[t]he transfer of a promissory note carries with it the mortgage securing the note though no valid assignment of the mortgage is executed and delivered.”).

¶43[¶2] Gerald W. VandeWalle, C.J.

¶44Carol Ronning Kapsner

¶45Mary Muehlen Maring

¶46Daniel J. Crothers

¶47Dale V. Sandstrom