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You are here: Home1 / Foreclosure2 / Either Possession of the Note or an Assignment of the Note Confers Sta...
Foreclosure

Either Possession of the Note or an Assignment of the Note Confers Standing

The Second Department explained that standing to bring a foreclosure action is demonstrated either by possession of the note or an assignment of the note on the date the action is commenced:

In a foreclosure action, a plaintiff has standing if it is either the holder of, or the assignee of, the underlying note at the time that the action is commenced … . Either a written assignment of the underlying note or the physical delivery of the note to the plaintiff, prior to the commencement of the action, is sufficient to transfer the obligation … . Emigrant Bank v Larizza, 2015 NY Slip Op 05151, 2nd Dept 6-17-15

 

June 17, 2015
Tags: Second Department
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