Wednesday, January 6, 2016

Standing in a mortgage foreclosure action.

Practice point:  Where a defendant challenges the plaintiff's standing to maintain the action, the plaintiff must prove standing as part of its prima facie showing of entitlement to judgment as a matter of law.  A plaintiff establishes standing by demonstrating that it is the holder or assignee of the underlying note at the time the action is commenced.

Student note:  A plaintiff in a mortgage foreclosure action establishes its prima facie entitlement to judgment as a matter of law by producing the mortgage, the unpaid note, and evidence of the defendant's default.

Case:  LNV Corp. v. Francois, NY Slip Op 09655 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Calculating interest.