June 7, 2011

Foreclosures.

Practice point: In order to commence the action, plaintiff must have a legal or equitable interest in the mortgage.

Students should note that, if plaintiff can establish its status as assignee, the recording of a written assignment after the commencement of the action does not defeat standing.

Aurora Loan Servs., LLC v. Weisblum, NY Slip Op 04184 (2d Dept. 2011).


Tomorrow's issue is torts.