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Real Property Law
Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions
U.S. Bank N.A. v. Nelson NYLJ 12/18/20, p. 26, col. 3 Court of Appeals (memorandum opinion; concurring opinion by Wilson, J.)
In a bank's foreclosure action, mortgagors appealed from the Appellate Division's affirmance of Supreme Court's grant of summary judgment to mortgagee bank. The Court of Appeals affirmed, holding that mortgagors had waived their claims that mortgagee lacked standing by failing to raise standing in their answers or pre-answer motions.
The bank brought this foreclosure action, tendering evidence that it was the holder of the note. Supreme Court awarded summary judgment to the bank. Mortgagors appealed, asserting that the bank lacked standing because it was not the owner of the note. The Appellate Division rejected the argument, and the mortgagors appealed.
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