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Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05568

U.S. Bank Trust N.A. v Mosseri

Read the official decision: 2026 NY Slip Op 05568

Holding The court reversed the judgment of foreclosure and sale because the plaintiff failed to establish that it obtained physical possession of the original note and allonge. The submitted records were insufficient to prove that the plaintiff was the real party in interest or that the transaction involved the transfer of the original documents.

The court’s words

Younger's affidavit, standing alone, was insufficient to establish that U.S. Bank, as trustee of the Truman Trust, obtained physical possession of the original note and allonge from SPS.

2026 NY Slip Op 05568, at the official text

Based upon these records, it cannot be ascertained whether the transaction in May 2021 involved a transfer of the original note and allonge and whether U.S. Bank was the real party in interest

2026 NY Slip Op 05568, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 30, 2026
Citation2026 NY Slip Op 05568
Area of lawMortgage Foreclosure · Real Property
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05568
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id743

Recommended citation

ESQ HQ, New York Law Watch, U.S. Bank Trust N.A. v Mosseri, 2026 NY Slip Op 05568 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05568/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 30, 2026. Updated September 30, 2026.