Remember
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'" (North Am. Sav. Bank, FSB v Esposito-Como, 141 AD3d 706, 708, quoting Plaza Equities, LLC v Lamberti, 118 AD3d 688, 689). "Additionally, where, as here, the plaintiff's standing is placed in issue by a defendant, the plaintiff must prove its standing as part of its prima facie showing" (Flagstar Bank, FSB v Mendoza, 139 AD3d 898, 899). "A plaintiff has standing in a mortgage foreclosure action where it is the holder or assignee of the underlying note at the time the action is commenced" (Federal Natl. Mtge. Assn. v Yakaputz II, Inc., 141 AD3d 506, 507). " 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, and the mortgage passes with the debt as an inseparable incident'" (id. at 507, quoting U.S. Bank, N.A. v Collymore, 68 AD3d 752, 754).
US BANK V COLLYMMORE
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