Nationstar Mortg., LLC v. Davidson
| Decision Date | 17 April 2014 |
| Citation | 983 N.Y.S.2d 705,2014 N.Y. Slip Op. 02658,116 A.D.3d 1294 |
| Parties | NATIONSTAR MORTGAGE, LLC, as Assignee of Aurora Loan Services, LLC, Respondent, v. Martin J. DAVIDSON, Appellant, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
116 A.D.3d 1294
983 N.Y.S.2d 705
2014 N.Y. Slip Op. 02658
NATIONSTAR MORTGAGE, LLC, as Assignee of Aurora Loan Services, LLC, Respondent,
v.
Martin J. DAVIDSON, Appellant, et al., Defendants.
Supreme Court, Appellate Division, Third Department, New York.
April 17, 2014.
[983 N.Y.S.2d 706]
Rapport Meyers, LLP, Hudson (Victor M. Meyers of counsel), for appellant.
Knuckles, Komosinski & Elliott, LLP, Elmsford (Fincey John of counsel), for respondent.
Before: PETERS, P.J., LAHTINEN, ROSE and EGAN JR., JJ.
ROSE, J.
Appeal from a judgment of the Supreme Court (Devine, J.), entered January 8, 2013 in Columbia County, upon a decision of the court in favor of plaintiff.
Aurora Loan Services, LLC commenced this foreclosure action in September 2009 alleging that defendant Martin J. Davidson (hereinafter defendant) defaulted on a note secured by a consolidated mortgage on his real property. Following unsuccessful motions for summary judgment, Supreme Court held a nonjury trial on the issue of standing. At trial, Aurora's employee testified that Aurora was in physical possession of the note as of June 2009, when the collateral file was transferred to Aurora and the original documents were placed in its vault. The note had an allonge with multiple indorsements, the final one being in blank. A screenshot of Aurora's document tracking system reflected its possession of the note and mortgage as of June 2009, and the employee testified that the indorsements were on the allonge at that time. Aurora also established that the consolidated mortgage was assigned to it in July 2009.
In opposition, defendant relied on prior affidavits submitted by Aurora in the action, one of which included, as an exhibit, a copy of the allonge without the indorsement in blank. Aurora's employee testified, however, that this was an earlier image of the note that would have been scanned into Aurora's electronic file when the original documents were briefly in Aurora's possession in 2007, and the copy of the allonge attached to the affidavit did not reflect the note as it existed in June 2009, when it was redelivered to Aurora and placed in its vault. Supreme Court, accepting Aurora's evidence that it was in physical possession of the note with the indorsement in blank at the time the action was commenced, concluded that Aurora had standing and, in light of defendant's uncontested default, granted a judgment of foreclosure and issued an order of reference.1 Defendant appeals.
...
To continue reading
Request your trial
-
Deutsche Bank Nat'l Trust Co. v. Torres
...; § 9–203[g]; Spielman v. Manufacturers Hanover Trust Co., 60 N.Y.2d 221, 469 N.Y.S.2d 69 [1983] ; Nationstar Mortgage, LLC v. Davidson, 116 A.D.3d 1294, 983 N.Y.S.2d 705 [3d Dept 2014] ; Citimortgage, Inc. v. Friedman, 109 A.D.3d 573, 970 N.Y.S.2d 706, supra; Deutsche Bank Trust Co. Am. v.......
- Haug v. State Univ. of N.Y. at Potsdam
-
Sheridan v. Sheridan
...as the excluded evidence “ ‘would [not] have had a substantial influence on the outcome of the case’ ” (Nationstar Mtge., LLC v. Davidson, 116 A.D.3d 1294, 1296, 983 N.Y.S.2d 705, lv. denied 24 N.Y.3d 905, 2014 WL 4637016 ), and the errors “ ‘did not adversely affect a substantial right of ......
-
Lasher v. Albany Mem'l Hosp.
...of the trial" ( Anderson v. Dainack, 39 A.D.3d 1065, 1067, 834 N.Y.S.2d 564 [2007] ; see CPLR 2002 ; Nationstar Mtge., LLC v. Davidson, 116 A.D.3d 1294, 1296, 983 N.Y.S.2d 705 [2014], lv denied 24 N.Y.3d 905, 2014 WL 4637016 [2014] ; Brown v. County of Albany, 271 A.D.2d 819, 820, 706 N.Y.S......