March 31, 2019

Commencing a foreclosure action.

The plaintiff establishes standing by showing that it had either a written assignment or physical possession of the underlying note and mortgage prior to commencement. In the absence of a written assignment, a conclusory affidavit is insufficient proof of possession.

Deutsche Bank Natl. Trust Co. v. Guevara, NY Slip Op 02412 (1st Dep't March 28, 2019)

Here is the decision.