Thursday, May 11, 2017

Standing in a mortgage foreclosure action.

Practice point:  Where the plaintiff's standing has been placed in issue by the defendants' answer, the plaintiff must also prove its standing as part of its prima facie showing on a motion for summary judgment. In a foreclosure action, a plaintiff has standing if it is the holder or assignee of the underlying note at the time the action is commenced. A plaintiff may demonstrate that it is the holder or assignee of the underlying note by showing either a written assignment or physical delivery of the note.

Case:  Aurora Loan Servs., LLC v. Ang, NY Slip Op 03466 (2d Dep't May 3, 2017)

Tomorrow's issue:  Default judgments.