Jorge Sosa and Jeanette Sosa v. The Bank of New York Mellon

This is an appeal from a residential fox-e-closure which ended in judgment in favor of Bank of New York Mellon (“the Bank”). On appeal, Jorge and Jeanette Sosa (“Homeowners”) argue, inter alia, that the Bank failed to prove it had standing to bring the action. We agree and reverse.

The following facts are pertinent to the standing issue. The Bank filed a mortgage foreclosure complaint against Homeowners alleging one count of foreclosure and one count for reestablishment of a lost note. Although it was not the original lender, the Bank alleged that it was the owner and holder of the Note and…