Contrary to the contention ofRadyo and Joseph, plaintiff has established standing by producing the written assignment instrument, dated November 16, 2017, which assigned the subject mortgage "ogether with" the underlying note (see Wells Fargo Bank, N.A. v Collymore, 68 AD3d 752, 754 see Aurora Loan Servs., LLC, 25 NY3d at 361-362 Wells Fargo Bank, N.A. prior to tl1e co1n1nenceme11t of the foreclosure action is sufficient to transfer the obligation, and the mortgage passes with the debt as an inseparable incident" (U.S."Either a written assignment of the underlying note or the physical delivery of the note A plaintiff has standing in a mortgage foreclosure action when it is the holder or assignee of the underlying note at the time the action is commenced (see Aurora Loan Servs., LLC v Taylor, 25 NY3d 355, 361 U.S.
Bank N.A., 169 AD3d at 953 Deutsche Bank Natl.
526818/2019 RECEIVED NYSCEF: its standing in order to be entitled to relief (see U.S. Additionally, where, as here, a defendant places standing in issue, the plaintiff must prove 2 2 of 5 KINGS COUNTY CLERK 04:56 PM NYSCEF DOC. To establish pri1na facie entitlement to judgment as a matter of law in an action to foreclose a 1nortgage, a plaintiff must produce the mortgage, the unpaid note, and evidence of default (see US. In their answer, filed on December 21, 2019, Radyo and Joseph set forth numerous affirmative defenses, including lack of standing. According to the verified complaint, filed on December JO, 2019, Radyo defaulted under the terms of the mortgage and note by failing to make the monthly payments due on August I, 2019 and each month thereafter. By assignment dated Novemaud recorded December I, 2017, the subject mortgage "ogether with the note(s) aud obligations therein described or referred to," were assigned from Velocity to plaintiff. As additional security, Joseph executed a personal guaranty. The mortgage was executed by Radyo on Novemto secure a $429,000 note in favor of Velocity Commercial Capital Inc. Plaintiff commenced this action to foreclose a commercial mortgage encrunbering the property at 1685 Nostrand Avenue in Brooklyn.
526818/2019 RECEIVED NYSCEF: and Geffrard Joseph (Joseph) (ii) pursuant to CPLR 3215, granting a default judgment against defendants NYC Bureau of Highway Operations, New York City Environmental Control Board, New York City Parl
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