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MTGLQ INVESTORS, LP v. COLLADO

11485N. 380310/14.

183 A.D.3d 414 (2020)

123 N.Y.S.3d 589

2020 NY Slip Op 02723

MTGLQ Investors, LP, Respondent, v. Graciela A. Collado, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 7, 2020.

MTGLQ established its entitlement to judgment as a matter of law by showing that it was the holder of the note. At the time this foreclosure action was commenced by MTGLQ's predecessor-in-interest, the note and the written assignment of the note were annexed to the verified summons and complaint. MTGLQ showed that it now holds the note and the mortgage. "A plaintiff proves that it has standing to commence a mortgage foreclosure action by showing that it was both the holder...

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