NY appellate court scrutinizes the MERS standing issue

“The states have not manufactured standing” to file the lawsuit, he said, but have a “personal stake” in the matter. The arguments were heard by three judges selected at random from the 5th Circuit.

In a case having potentially enormous implications on foreclosure actions in New York State and throughout the country, the Second Department in Bank of New York v.Silverberg, addressed whether a party has standing to commence a foreclosure action when that party’s assignor, mortgage electronic registration Systems, Inc. (MERS), was listed in the underlying mortgage instruments as a nominee.

Appeals are taken from the four departments of the New York Supreme Court, Appellate Division to the Court of Appeals. In some cases, an appeal lies of right, but in most cases, permission (or "leave") to appeal must be obtained, either from the Appellate Division itself or from the Court of Appeals.

NY appellate court scrutinizes the MERS standing issue From Housing Wire 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.

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.

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 [1867]["a

AG settlement starts the clock on short sales Mortgage Loan Applicants who had a deed in lieu of foreclosure and/or short sale, the waiting period is as follows: 4 year waiting period after short sale. Waiting period start clock starts from the date of short sale reflected on the HUD Settlement Statement.SEC passes CEO Pay Ratio Rule on 3-2 partisan vote SEC’s New Rule on CEO Pay Ratio 09/16/2015 On August 5, 2015, the Securities and Exchange Commission (SEC) approved by a vote of 3-2 a controversial new rule requiring publicly traded companies to disclose the ratio of the annual pay of the chief executive officer (CEO) to the median annual pay of all of the company’s employees.

Oral Arguments For Same-Sex Marriage New York Court of Appeals 2006 For more, see NY appellate court scrutinizes the MERS standing issue. For the ruling, see Aurora Loan Servs., LLC v Weisblum , 2011 NY Slip Op 04184 (NY App. Div. 2d Dept. May 17, 2011). Posted by Home Equity Theft Reporter at 12:11 AM 0 comments Links to this post

Radian 4Q earnings hit .4 million rocket docket return: Another weapon for foreclosure defense mers wins big once more in Federal Court of Appeals Petition for Allowance of Appeal is Granted in Second Case Against MERSCORP, Inc. The pennsylvania supreme court granted allocatur in a case against MERSCORP, Inc.

Jobless claims fall but spike in energy sector claims signals problems Jobless claims fall but spike in energy sector claims signals problems. Claims have been largely flat since September but the ongoing shedding of energy sector jobs and the spike in continuing.

Sitemap
^