NY appellate court scrutinizes the MERS standing issue

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9. Moreover, in Bank of New York v. Silverberg, the Court explicitly permitted the defendant to challenge the standing of a plaintiff who claimed a right to foreclose based upon an assignment of mortgage issued by MERS: Standing requires an inquiry into whether a litigant has "an interest

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 · While not binding on courts in other jurisdictions, the ruling could serve as persuasive precedent there as well, because the court cited non-bankruptcy cases related to the lack of authority of MERS, and because the opinion is consistent with prior rulings in Idaho and Nevada Bankruptcy courts on the same issue.

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 · Therein, the Appellate Division, Second Department sustained the standing of MERS to sue as a foreclosing plaintiff in the face of a challenge thereto. The court found that MERS had ownership of the note by virtue of an indorsement and that ownership of the mortgage followed as an incident of the transfer of the note.

10. Circuit Court (Appellate Court) Accordingly, the Supreme Court should have granted the defendants’ motion pursuant to CPLR 3211(a) (3) to dismiss the complaint insofar as asserted against them for lack of standing" Wow, a NY Civil appellate court just tossed MERS on Standing.

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Defendant argues that plaintiff Mortgage Electronic Registration Systems, Inc. (MERS), did not have standing to prosecute this foreclosure action and, thus, the circuit court orders rendered in favor of MERS were void. For the reasons that follow, we affirm the judgment of the circuit court.

Housing Wire reports:. 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.

justice argument despite his failure to raise that argument below because the circuit court had the 2 O st row ky a l gu e, inh MERS c df p . However, he does not argue that lack of standing deprived the foreclosure court of jurisdiction, but only that we should reach the standing issue.