U.S. Bank N.A. v. Norway Ave., LLC

Summary

The New York Appellate Division, Second Department, affirmed a judgment of foreclosure and sale in favor of U.S. Bank National Association against Norway Avenue, LLC and Alex Gorvits. The court held that the plaintiff established standing through the note endorsed in blank and evidence of possession before commencement, and also established the required notice of default; the defendants failed to raise a triable issue of fact.

Holdings

1. The direct appeal from the order was dismissed because the right to appeal from that order terminated upon entry of the judgment of foreclosure and sale; the issues raised on the order were reviewable on the appeal from the judgment.
2. The plaintiff established prima facie entitlement to summary judgment by producing the mortgage, the unpaid note, and evidence that it provided the required notice of default before commencing the action.
3. U.S. Bank established standing because it was the holder of the note when the foreclosure action was commenced; the note was endorsed in blank by the original lender, and the evidence showed that the plaintiff's counsel possessed the note on the commencement date.

Questions Presented

1. Whether the appeal from the interlocutory order granting summary judgment should be dismissed after entry of the judgment of foreclosure and sale.
2. Whether U.S. Bank established prima facie entitlement to summary judgment in the mortgage foreclosure action by producing the mortgage, unpaid note, and evidence of default.
3. Whether U.S. Bank established standing where the defendants placed standing in issue.
4. Whether the defendants raised a triable issue of fact in opposition to the plaintiff's motion.

Disposition

affirmed