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U.S. Bank National Association v. Hunte

215 A.D.3d 887 (2023)

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U.S. Bank National Association v. Hunte

New York Supreme Court, Appellate Division
215 A.D.3d 887 (2023)

Facts

In May 2006, Adrian Hunte (defendant) executed a note in favor of Mortgage Lenders Network USA, Inc. (MLN). The note was secured by a mortgage on property in Brooklyn. U.S. Bank National Association (U.S. Bank) (plaintiff), MLN’s successor in interest, later commenced a foreclosure action against several individuals, including John and Migdalia Surita (defendants), who allegedly held an interest in the mortgaged premises. The Suritas served an answer, which U.S. Bank rejected as untimely. U.S. Bank then moved for leave to enter a default judgment. The Suritas cross-moved to vacate their default and for leave to serve a late answer, arguing that U.S. Bank lacked standing to foreclose. The trial court granted U.S. Bank’s motion for a default judgment and, in effect, denied the Suritas’ cross-motion. The court found that U.S. Bank demonstrated standing to foreclose by attaching to the complaint a certified copy of the note and an allonge endorsed in blank, which bore matching hole-punch marks and the image of a paperclip, demonstrating that the allonge was physically attached to the note. The Suritas appealed.

Rule of Law

Issue

Holding and Reasoning ()

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