Legal Opinion

Federal National Mortgage Ass'n v. Yakaputz II, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 2016No. 2015-10281PublishedCited by 10 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Toussaint, J.), dated May 20, 2015, which denied its motion for summary judgment on the complaint.

Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion for summary judgment on the complaint is granted.

To establish a prima facie case in an action to foreclose a mortgage, a plaintiff must produce the mortgage, the note, and evidence of a default (see HSBC Bank USA, N.A. v Spitzer, 131 AD3d 1206, 1206-1207 [2015]). Where as here, standing is placed in…

2Cases cited8 opinions

  1. Aurora Loan Services v. Monique TaylorNew York Court of Appeals · 2015
  2. U.S. Bank, N.A. v. CollymoreAppellate Division of the Supreme Court of the State of New York · 2009
  3. Midfirst Bank v. AghoAppellate Division of the Supreme Court of the State of New York · 2014
  4. HSBC Bank USA, N.A. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2015
  5. Nationstar Mortgage, LLC v. CatizoneAppellate Division of the Supreme Court of the State of New York · 2015

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Nationstar Mortgage, LLC v. WeisblumAppellate Division of the Supreme Court of the State of New York · 2016
  2. U.S. Bank National Ass'n v. SaravananAppellate Division of the Supreme Court of the State of New York · 2017
  3. Central Mortgage Co. v. JahnsenAppellate Division of the Supreme Court of the State of New York · 2017
  4. CitiMortgage, Inc. v. McKinneyAppellate Division of the Supreme Court of the State of New York · 2016
  5. Nationstar Mortgage, LLC v. MacPhersonNew York Supreme Court · 2017

5 more not listed; retrieve them via the Exa API.

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