Bank of America, N.A. v Noe

Holding The Appellate Division affirmed the lower court’s grant of summary judgment in favor of the plaintiff, finding that the plaintiff established its standing by demonstrating physical possession of the note at the time the action was commenced. The court determined that the defendant failed to raise a triable issue of fact in opposition to the plaintiff’s prima facie showing.

The court’s words

In an action to foreclose a mortgage, the defendant Sarah Noe appeals from (1) a decision of the Supreme Court, Kings County (Larry D. Martin, J.), dated September 6, 2023, and (2) an order of the same court also dated September 6, 2023.

2026 NY Slip Op 06275, at the official text

In order to establish prima facie entitlement to judgment as a matter of law in a foreclosure action, a plaintiff must produce the mortgage, the unpaid note, and evidence of the default.

2026 NY Slip Op 06275, at the official text

A plaintiff establishes its standing in a mortgage foreclosure action by demonstrating that, when the action was commenced, it was either the holder or assignee of the underlying note.

2026 NY Slip Op 06275, at the official text

Here, the plaintiff established, prima facie, that it had physical possession of the note at the time the action was commenced.

2026 NY Slip Op 06275, at the official text