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NY appellate court scrutinizes the MERS standing issue

NY appellate court scrutinizes the MERS standing issue 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."

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4, 2007, and was assigned by MERS to. The court grants summary judgment in favor of Citi and holds that its mortgage has priority over the line of credit secured by the Sun mortgage. [Decided March.

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Laroc, 2008 NY Slip Op 52166U. action “to avoid any objection to the standing of MERS as a nominee for the lender to bring a foreclosure action”)). The court recognizes, as explained by the Court.

MERS use of the Court System in Osceola County to “Share” in the Spoils. Since the courtroom battles involving standing issues regarding securitized. later case decided by the Supreme Court of the State of New york state appellate Division -. side law firms and former judges, who appear to be scrutinizing his right to.

Foreclosure note enough for trustee standing: Florida appellate court .. where three courts have reached differing opinions on the issue of whether a. NY appellate court scrutinizes the MERS.

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Judge Jon Tigar, U.S. District Court for the Northern District of California (Photo. U.S. District Judge Jon Tigar of the Northern District of California took issue with a motion for attorney fees.

The servicer obtained summary judgment in the trial court based on the doctrine of res judicata. The Alabama Court of Civil Appeals reversed, finding that genuine issues of material. Tipp’s claims.

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“Where, as here, a plaintiff’s standing to commence a foreclosure action is placed in issue by the defendant, it is incumbent upon the plaintiff to prove its standing to be entitled to relief” (Bank.