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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

 

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