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Nationstar Mortgage, LLC v. Davidson
Citations: 116 A.D.3d 1294; 983 N.Y.S.2d 705
Court: Appellate Division of the Supreme Court of the State of New York; April 17, 2014; New York; State Appellate Court
Appeal from the Supreme Court's judgment in favor of Aurora Loan Services, LLC, which initiated foreclosure proceedings against defendant Martin J. Davidson due to alleged default on a secured note and consolidated mortgage. The foreclosure action began in September 2009, after unsuccessful summary judgment motions led to a nonjury trial focused on Aurora's standing. Aurora's employee testified that the company physically possessed the note with a blank indorsement and the mortgage since June 2009, following a transfer of collateral. Evidence included a screenshot from Aurora's tracking system confirming possession as of June 2009, and an assignment of the mortgage in July 2009. In contrast, the defendant presented earlier affidavits from Aurora, which included a version of the allonge lacking the blank indorsement. However, Aurora's employee clarified that this was an outdated version from 2007, not reflective of the note's status in June 2009. The Supreme Court accepted Aurora's evidence, concluding it had standing as the holder of the note and mortgage due to the uncontested default by the defendant, leading to a judgment of foreclosure and an order of reference. On appeal, the reviewing court affirmed the Supreme Court's determination, finding no reason to challenge the credibility of Aurora's witness or the factual findings. Claims regarding the exclusion of prior affidavits were dismissed, as the defendant had the opportunity to cross-examine about them, and the evidence did not significantly influence the case outcome. The court also upheld the rejection of the defendant's notice to admit, which sought admissions on disputed facts. The judgment was affirmed with costs, and the caption was amended to reflect Nationstar Mortgage, LLC, as Aurora's assignee.