Deutsche Bank Trust Co. Americas v. Vitellas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cohen, J.
Under New York law, in order to have standing to commence a foreclosure action, a plaintiff generally must be the holder or assignee of the note which the mortgage secures. On this appeal, we are asked to consider whether a note discharged in bankruptcy can be subsequently assigned, with the mortgage passing incident thereto, so as to convey standing to the as signee. For the reasons that follow, we answer the question in the affirmative. Although a bankruptcy discharge extinguishes a debtor’s personal liability on a mortgage note, it does not impair a creditor’s…
2Cases cited32 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- 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
- Aurora Loan Services, LLC v. WeisblumAppellate Division of the Supreme Court of the State of New York · 2011
- Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
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