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“Standing” to Bring Foreclosure Action Defined

The Second Department explained “standing” as it relates to a mortgage foreclosure action as follows:

Where, as here, standing is put into issue by the defendant, “the plaintiff must prove its standing in order to be entitled to relief”…. “In a mortgage foreclosure action, a plaintiff has standing where it is both the holder or assignee of the subject mortgage and the holder or assignee of the underlying note at the time the action is commenced” … .”Either a written assignment of the underlying note or the physical delivery of the note prior to the commencement of the foreclosure action is sufficient to transfer the obligation” … .  Deutsche Bank Natl Trust Co v Whalen, 2013 NY Slip Op 04770, 2nd Dept 6-26-13

 

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