NY appellate court scrutinizes the MERS standing issue. The court goes on to say MERS later assigned the first mortgage with the underlying note and then made successive mortgage assignments. "While, in some circumstances, the assignment of a note may effect the transfer of the mortgage as an inseparable incident of the debt,
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On January 24 the U.S. Court of Appeals for the 11 th Judicial Court upheld an appeal from MERS that contended a lower court had erred in finding that a homeowner had been improperly foreclosed on.
NY appellate court scrutinizes the MERS standing issue sought to address problems that arose from mortgage securitization.. Romaine, 861 N.E.2d 81, 83 (N.Y. 2006); see also Christopher L. In order to establish standing, the appellate court explained, MERS had to show.. the transaction are scrutinized, MERS is not a true beneficiary of the DOT.
The Land Court, on its own, dismissed Mr. Bevilacqua’s petition based on the “invalid foreclosure.” The SJC granted Mr. Bevilacqua’s application for direct appellate review. to determine one final.
various amici argue that MERS has violated the clear prohibition against separating a lien from its debt and that MERS does not have standing to bring foreclosure actions, those issues remain for another day (see e.g. Merritt v Bartholick, 36 NY 44, 45 ["a
Mortgage servicing faces billion-dollar secondary crisis NY appellate court scrutinizes the MERS standing issue Bank of N.Y. Mellon v Gordon 2019 NY Slip Op 02306 Decided on March 27, 2019 Appellate Division, Second Department Miller, J., J. Published by New york state law Reporting Bureau pursuant to Judiciary Law 431.
The Court’s Analysis. The appellate division presented the issue in the case as "whether MERS, as nominee and mortgagee for purposes of recording, can assign the right to foreclose upon a mortgage to a plaintiff in a foreclosure action absent MERS’s right to, or possession of, the actual underlying promissory note." Generally,