Legal Opinion
Citimortgage, Inc. v. Stosel
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2011PublishedCited by 25 opinions
1Opinion of the Court
*888Where, as here, a plaintiffs standing to commence a foreclosure action is placed in issue by the defendant, it is incumbent upon the plaintiff to prove its standing to be entitled to relief (see US Bank N.A. v Madero, 80 AD3d 751, 752 [2011]; U.S. Bank, N.A. v Collymore, 68 AD3d 752, 753 [2009]). A plaintiff establishes its standing in a mortgage foreclosure action by demonstrating that it is both the holder or assignee of the subject mortgage and the holder or assignee of the underlying note, “either by physical delivery or execution of a written assignment prior to the commencement of the…
2Cases cited4 opinions
- 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
- US Bank National Ass'n v. MaderoAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by25 opinions
- Deutsche Bank Trust Co. Americas v. VitellasAppellate Division of the Supreme Court of the State of New York · 2015
- Wells Fargo Bank, N.A. v. AriasAppellate Division of the Supreme Court of the State of New York · 2014
- Midfirst Bank v. AghoAppellate Division of the Supreme Court of the State of New York · 2014
- HSBC Bank USA v. HernandezAppellate Division of the Supreme Court of the State of New York · 2012
- Nationstar Mortgage, LLC v. CatizoneAppellate Division of the Supreme Court of the State of New York · 2015
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