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.
Aurora Loan Servs., LLC v. Taylor, 25 N.Y.3d 355 (2015)Short formTaylor, 25 N.Y.3d 355Draft — 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]
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