NY appellate court scrutinizes the MERS standing issue

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A decision by New York’s 2nd Appellate Division may not have a direct impact on the issue of when Mortgage Electronic Registration Systems has standing in foreclosure cases, but it contains persuasive language that could be a shot across the bow when it comes to jurisdiction relating to MERS. In Aurora Loan Services v.

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A New York state appeals court overturned a ruling in favor of the Mortgage Electronic Registration Systems, finding Bank of New York did not have standing to initiate a foreclosure. The June 7 decision, issued by the Supreme Court of the State Of New york appellate division , reversed the lower court’s ruling and granted the borrower’s.

Zamfara Election: Supreme Court Uphold Appellate Court Judgement, Sacks All Elected APC Candidates. Law360, New York. the court found that plaintiff can establish standing through proof of a valid assignment of the mortgage made prior to the filing of the complaint. Here, plaintiff provided both.

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New York Federal and State Courts Question MERS Assignments Joy Harmon Sperling and Michael A. Weiss, Day Pitney LLP Introduction Two recent decisions in a bankruptcy court and a New york appellate court could have a wide reaching impact on lenders in New York and, perhaps, throughout the nation.

APPELLATE JURISDICTION IN FORECLOSURES; FINAL ORDERS, WHAT, AND WHEN TO APPEAL The issue of when one can and when to appeal in foreclosure cases confuses many lawyers – understandably so. The Illinois Supreme Court tackled the issue in EMC Mortgage Corporation v. Barbara J. Kemp, (December 28, 2012), 2012 IL 113419.

Appeals Court Clarifies MERS Role in Foreclosures. Thus, the order is reversed, on the law, and the motion of the defendants Stephen Silverberg and Fredrica Silverberg pursuant to CPLR 3211 (a) (3) to dismiss the complaint insofar as asserted against them for lack of standing is granted.

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Merritt v Bartholick, 36 NY 44, 45 [1867]["a transfer of the mortgage without the debt is a nullity, and no interest is acquired by it"]). In addition to these substantive issues, a plethora of policy arguments have surfaced during the pendency of this proceeding.

Duane Morris LLP, New York City (Brett. Following joinder of issue, defendant moved for summary judgment dismissing the complaint against him on the ground that it was barred by the statute of.

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