Practice point: The moving plaintiff establishes a prima facie case
through the production of the mortgage, the unpaid note, and evidence of
default. If the defendant puts standing at issue, the plaintiff must
prove its standing in order to be entitled to relief. A plaintiff has
standing if, at the time the action is commenced, it is the holder or assignee of the underlying note.
Student note: Either
a written assignment of the underlying note or the physical delivery of
the note prior to the commencement of the action is sufficient to
transfer the obligation, and the mortgage passes with the debt as an
inseparable incident.
Case: Bank of Am., N.A. v. Martinez, NY Slip Op 06422 (2d Dep't September 13, 2017)
Here is the decision.
