Wilmington Sav. Fund Socy., FSB v Schwartz

Holding The defendants, who were not parties to the underlying note or mortgage, lacked standing to raise the plaintiff’s alleged failure to serve a notice of default as a defense. The plaintiff established its standing to foreclose by submitting a copy of the note, endorsed in blank, annexed to the complaint at the time the action was commenced.

The court’s words

since they were not parties to either the note or mortgage, they lacked standing to raise as a defense

2026 NY Slip Op 05214, at the official text

A plaintiff has standing to commence a foreclosure action where it is the holder or assignee of the underlying note

2026 NY Slip Op 05214, at the official text

the note . . . is the dispositive instrument that conveys standing to foreclose

2026 NY Slip Op 05214, at the official text

the plaintiff established, prima facie, its standing by submitting a copy of the note, endorsed in blank

2026 NY Slip Op 05214, at the official text

Where the note is affixed to the complaint, it is unnecessary to give factual details of the delivery

2026 NY Slip Op 05214, at the official text