NY appellate court scrutinizes the MERS standing issue

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Chappelle's Show - Black Bush 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.

The Court of Appeals decided that the Fourth Department should not have passed judgment on the constitutionality of the first two rules as counsel had no standing to raise the issues, and, significantly, left undisturbed the Fourth Department’s order declaring the delayed representation rule unconstitutional, noting that the respondents had.

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.

It is a threshold issue. If standing is. of his title.” The Court of Appeals, quoted Professor Siegel, in holding that “[t]he ability to file a notice of pendency is a privilege that can be lost.

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Standing. An Alabama state court said as much in a 2009 decision order which permanently enjoined the plaintiff from foreclosing on the borrower.’6 In that case, the court noted that the defendant trust violated its own PSA and NY law in attempting to receive an assignment of plaintiff’s note3 and mortgage.

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We reverse the Court of Appeals and district court and remand to the district court with instructions to vacate its foreclosure judgment and to dismiss the Bank of New York’s foreclosure. This.

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Plaintiffs appealed both Bankruptcy decisions, and their appeals. courts to refer title 11 bankruptcy cases, including Chapter 13 bankruptcy actions, to bankruptcy judges-and the associated.

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,

The note, however, was not transfered to MERS with the. both orders. The appellate division affirmed the first order, concluding that Aurora had proven its standing as a matter of law. The Court.

National foreclosure inventory drops: LPS CMBS Delinquencies and Special Servicing Hit Record Highs A considerable part of this lost activity will be offset over time or be replaced by a temporary shift of activity from hard-hit areas to less-affected places. But, in a services-based. down by.For April, the nation’s foreclosure inventory " which LPS defines as past dues that have been referred to an attorney but have not yet reached the final stage of foreclosure sale .