Legal Opinion
Arnold v. First Citizens National Bank
District Court, W.D. New York
Decided November 18, 2016No. Case # 16-CV-6012-FPGPublishedCited by 3 opinions
1Opinion of the Court
DECISION & ORDER
Hon. Frank P. Geraci, Jr., Chief Judge, United States District Court
This bankruptcy appeal raises the following question: under New York law, does a person have standing to enforce a mortgage and mortgage note where the note is a negotiable instrument and that person obtained their interest in the note and mortgage through a written assignment by the holder thereof, rather than through delivery and indorsement? The United States Bankruptcy Court for the Western District of New York (Warren, B.J.) answered yes. In re Cornerstone Homes, Inc., 544 B.R. 492 (Bankr. W.D.N.Y. 2015).…
2Cases cited9 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Aurora Loan Services v. Monique TaylorNew York Court of Appeals · 2015
- U.S. Bank, N.A. v. CollymoreAppellate Division of the Supreme Court of the State of New York · 2009
- The Travelers Insurance Company v. 633 Third AssociatesCourt of Appeals for the Second Circuit · 1994
- Merritt v. . BartholickNew York Court of Appeals · 1867
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3Cited by3 opinions
- Arnold v. First Citizens National Bank (In re Cornerstone Homes, Inc.)United States Bankruptcy Court, W.D. New York · 2017
- In re PinnockUnited States Bankruptcy Court, S.D. New York · 2018
- Wilmington Savings Fund Society, FSBDistrict Court, E.D. New York · 2023