PHH MORTGAGE CORPORATION 2001 BISHOP'S GATE BLVD. MOUNT LAUREL, NJ 08054, Appellee v. RICHARD H. POWELL, RACHEL M. POWELL 326 HOSACK ROAD JACKSON CENTER, PA 16133-1428, Appellants, 2014 PA Super 197

Summary

HOLDINGS: [1]-In a foreclosure action, the court would not quash the appeal for failure to comply with the conciseness and other requirements of Pa.R.A.P. 1925(b), as there was no finding of bad faith on the pro se appellants' part; [2]-Appellants, who denied signing the note, had offered no evidence to rebut the presumption of validity of signatures under 13 Pa.C.S. § 3308(a); [3]-Appellee had established the authenticity of appellants' signatures on the mortgage under Pa. R. Evid. 901 through the testimony of the attorney who handled the loan closing; [4]-Through the note, allonge, mortgage, and assignment, appellee had established that it was a holder in due course and thus was entitled to enforce the note under 13 Pa.C.S. § 3301, and evidence that some other entity might be the "owner" was irrelevant.