NY appellate court scrutinizes the MERS standing issue

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 · Cases Dismissed for Lack of Standing — New York / New Jersey Edit LLC (limited liability company) Property title Foreclosure Real estate Fraud Lawsuits and disputes Appeals Motion to dismiss

New York Courts Split in Authority. The issue of standing has been at the center of hundreds of contested residential mortgage foreclosure actions. Despite the volume of mortgage foreclosure actions in which the plaintiff’s standing has been a central issue, the New York State Court of Appeals avoided weighing until June 11, 2015,

New York courts split over MERS foreclosure standing. at least until the New York appellate courts weigh in on the issue.. The issue of MERS’ standing is a subject of dispute in a variety.

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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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.

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 · The Court noted that the United States Court of Appeals for the Ninth Circuit adopted the “ministerial act” exception to the automatic stay in bankruptcy procedures in Pettit. A ministerial act exception applies to automatic occurrences that entail no deliberation, discretion, or judicial involvement.

 · The trial court entered summary judgment in favor of Bank of New York, but the appellate court reversed, noting that because the note was assigned to JPMorgan Chase, not to the Bank of New York, there was a genuine issue of material fact as to whether The Bank of New York has standing to foreclose the mortgage. 16.