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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05568 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05568 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 743 |
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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