U.S. Bank N.A. v Sukljian

Holding The court reversed the grant of summary judgment because the plaintiff failed to establish standing as the holder of the note at the time the action was commenced. Specifically, the plaintiff did not provide evidence that the allonges containing the necessary endorsements were firmly affixed to the note when the lawsuit began.

The court’s words

mere physical possession of a note at the commencement of a foreclosure action is insufficient to confer standing

2026 NY Slip Op 06191, at the official text

mere possession of such allonges was insufficient to establish standing without evidence that they were "so firmly affixed" to the note

2026 NY Slip Op 06191, at the official text

plaintiff failed to establish as a matter of law that it had standing to commence the action

2026 NY Slip Op 06191, at the official text