Practice point: In a mortgage foreclosure action, a plaintiff has standing where
it is the holder or assignee of both the subject mortgage and of the
underlying note at the time the action is commenced. Either a written assignment of the underlying note or the
physical delivery of the note prior to the commencement of the
foreclosure action is sufficient to transfer the obligation.
Student note: Where, as here, standing is put into issue by a defendant, the plaintiff
must prove its standing in order to be entitled to relief.
Case: Federal Natl. Mtge. Assn. v. Cappelli, NY Slip Op 05836 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Commencing a tort action against a municipality.
