Techoclaro
All cases
Homeowner lostOther statePending attorney reviewWho may foreclose (standing & assignments)Judicial foreclosure & standing in court

Aurora Loan Services, LLC v. Taylor

Aurora Loan Servs., LLC v. Taylor, 25 N.Y.3d 355 (2015)

Court
New York Court of Appeals
Decided
2015-06-11
Docket
No. 83
Cited by later opinions
553

What happened

Monique Taylor argued Aurora lacked standing to foreclose because its mortgage assignment was defective.

What the court decided

New York's highest court held that the note, not the mortgage, conveys standing; because Aurora held the note before suing, it had standing.

In the court's words

“the note, and not the mortgage, is the dispositive instrument that conveys standing to foreclose under New York law”

Why it may matter to you

Standing arguments depend on who held the note and when. Ask for the dates.

Why it might not apply

New York law in a judicial foreclosure; most Texas foreclosures happen outside court.

Most useful when

  • In a judicial foreclosure, you plan to challenge the plaintiff's standing

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationAurora Loan Servs., LLC v. Taylor, 25 N.Y.3d 355 (2015)Short formTaylor, 25 N.Y.3d 355

Draft — check it with free legal aid before you file or say it in court.

In Aurora Loan Servs., LLC v. Taylor, 25 N.Y.3d 355 (2015), the court held that in New York the note, not the mortgage, is the instrument that gives standing to foreclose, and a plaintiff holding the note before suing has standing. Here, [say in one sentence what happened in your case]

Ask Techy about this case

Techy explains the case in plain words, why it may matter to you, its limits, and how to prepare. It only uses this case record.

Related cases

  • Homeowner wonBinding

    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.

    559 U.S. 573 · Decided 2010

    A law firm filed a foreclosure against Ms. Jerman and sent a notice saying she had to dispute the debt in writing. She sued, and the firm said its mistake was an honest legal error.

    Read the case
  • Homeowner wonOther state

    Federal Home Loan Mortgage Corp. v. Schwartzwald

    134 Ohio St. 3d 13 · Decided 2012

    Freddie Mac sued the Schwartzwalds for foreclosure before it had been assigned the mortgage, then got the assignment during the case.

    Read the case
  • Homeowner wonOther state

    McLean v. JP Morgan Chase Bank National Ass'n

    79 So. 3d 170 · Decided 2012

    Chase won summary judgment of foreclosure against Robert McLean, but the record did not show when the note was endorsed to Chase.

    Read the case