Practice point: When the homeowner did not raise the affirmative defense of standing in
his answer or in a pre-answer motion to dismiss the
complaint, he waived the issue. Where the defendant in a mortgage foreclosure action waives the issue of standing, the plaintiff need not establish its standing in order to demonstrate its prima facie entitlement to judgment as a matter of law.
Student note: Generally, in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default.
Case: Bank of N.Y. Trust Co., N.A. v. Chiejina, NY Slip Op 05784 (2d Dep't August 17, 2016)
Here is the decision.
Tomorrow's issue: Company policy manuals as enforceable obligations.
