Further, plaintiff has not proven that a valid transfer of the note was made to the plaintiff by an indorsement thereon as required by the UCC, or that plaintiff had physical possession thereof prior to commencing this action. ...Without either proof of a proper written assignment of the underlying note or proof of the physical delivery of the note prior to the commencement of the foreclosure action, the plaintiff failed to sufficiently show either the proper transfer of the obligation, or that the mortgage passed as an inseparable incident to the debt. See, U.S. Bank, N.A. v Collymore, 68 AD3d 752; Indy Mac Bank, F.S.B. v Garcia, 28 Misc 3d 1202(A). stopforeclosurefraud/wp-content/uploads/2013/04/U.S.-Bank-N.A.-v-Bresler.pdf
Posted on: Sun, 17 Nov 2013 23:42:44 +0000
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