![]() ![]() However, while plaintiff has submitted a copy of the mortgage and note, it failed to establish Radyo's default as a matter of law. v Harrison, 188 AD3d 1298, 1300 ).Ĭontrary to the contention of Radyo and Joseph, plaintiff has established standing by producing the written assignment instrument, dated November 16, 2017, which assigned the subject mortgage "ogether with" the underlying note ( see Wells Fargo Bank, N. ![]() v Collymore, 68 AD3d 752, 754 see Aurora Loan Servs., LLC, 25 NY3d at 361-362 Wells Fargo Bank, N. "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" ( U. A plaintiff has standing in a mortgage foreclosure action when it is the holder or assignee of the underlying note at the time the action is commenced ( see Aurora Loan Servs., LLC v Taylor, 25 NY3d 355, 361 U. Additionally, where, as here, a defendant places standing in issue, the plaintiff must prove its standing in order to be entitled to relief ( see U. v Mezrahi, 169 AD3d 952, 953 Deutsche Bank Natl. ![]() To establish prima facie entitlement to judgment as a matter of law in an action to foreclose a mortgage, a plaintiff must produce the mortgage, the unpaid note, and evidence of default ( see U. In their answer, filed on December 21, 2019, Radyo and Joseph set forth numerous affirmative defenses, including lack of standing. By assignment dated Novemand recorded December 1, 2017, the subject mortgage "ogether with the note(s) and obligations therein described or referred to," were assigned from Velocity to plaintiff.Īccording to the verified complaint, filed on December 10, 2019, Radyo defaulted under the terms of the mortgage and note by failing to make the monthly payments due on Augand each month thereafter. As additional security, Joseph executed a personal guaranty. The mortgage was executed by Radyo on Novemto secure a $429,000 note in favor of Velocity Commercial Capital Inc. Plaintiff commenced this action to foreclose a commercial mortgage encumbering the property at 1685 Nostrand Avenue in Brooklyn. (Radyo) and Geffrard Joseph (Joseph) (ii) pursuant to CPLR 3215, granting a default judgment against defendants NYC Bureau of Highway Operations, New York City Environmental Control Board, New York City Parking Violation Bureau, Radio Panou, Elisner Brues and John Smith and (iii) appointing a referee to compute the amount due. Bank National Association, as trustee for Velocity Commercial Capital Loan Trust 2017-1, moves for an order: (i) pursuant to CPLR 3212, granting summary judgment against defendants Radyo Panou Inc. ![]() Upon the foregoing papers, plaintiff U.S. Notice of Motion/Order to Show Cause/Petition/Cross Motion andAffidavits (Affirmations) Annexed 102 At an IAS Term, Part Comm-6 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, at Civic Center, Brooklyn, New York, on the 15 th day of April, 2021 PRESENT: HON. ![]()
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