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Deutsche Bank Trust Co. v. Codio
Citations: 94 A.D.3d 1040; 943 N.Y.S.2d 545
Court: Appellate Division of the Supreme Court of the State of New York; April 24, 2012; New York; State Appellate Court
In a foreclosure action, the plaintiff appealed a June 23, 2011 order from the Supreme Court, Kings County, which had granted defendant Dominic Codio's motion to dismiss the complaint against him for lack of standing and to vacate a notice of pendency related to the property. The appellate court reversed this order, ruling that Codio’s motions to dismiss and vacate were denied and reinstated the notice of pendency. The plaintiff demonstrated standing by producing an “allonge to note,” indicating that they were the transferee of the mortgage note. The court cited that a written assignment of the underlying note prior to the foreclosure action is adequate for transferring the obligation, and the mortgage is inseparably linked to the debt. This decision referenced several precedential cases confirming that proper documentation can establish standing in foreclosure proceedings. The appellate judges concurred in the ruling.