Recent State High Court Decision Clarifies Foreclosure Standing Requirements in New York

Publisher: Pratt's Journal of Bankruptcy Law

September 25, 2015

Day Pitney Author(s) Alfred W. J. Marks

Alfred Marks and Shane Biffar wrote an article, "Recent State High Court Decision Clarifies Foreclosure Standing Requirements in New York," for Pratt's Journal of Bankruptcy Law. The article examines the significance of the recent decision by the New York Court of Appeals, in Aurora Loan Servs., LLC v. Taylor, which provides clarity regarding long established principles of foreclosure standing in New York. The decision proves that, at least in certain instances, physical delivery of the note can reasonably be inferred in the absence of explicit averments regarding the circumstances by which the plaintiff acquired the note.

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