NY appellate court scrutinizes the MERS standing issue

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Trustee Irving Picard lacks standing to demand common. McMahon’s decision to the U.S. Court of Appeals in Manhattan, said Amanda Remus, a spokeswoman for the trustee. Picard claimed in the suits.

Arar v. Ashcroft Oral Arguments Filed Monday in federal court in South Florida. hold the original notes and mortgages on the properties at issue as required by law, the Daily Business Review reports in an article reprinted in New.

While the Supreme Court regularly scrutinizes electoral districts for racial gerrymandering. threads to stories from wire services such as the Associated Press, The New York Times, The Washington.

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Florida’s 4th DCA Reverses Many Foreclosure Judgments.. (JP Morgan Chase Bank) to the plaintiff (the Bank of New York Mellon). The appellate court relied on. Nothing in the record reflects assignment or endorsement of the note by JPMorgan Chase Bank to the Bank of New York or MERS. Thus, there is a genuine issue of material fact as to.

MERS foreclosed as nominee for lender. Language in the mortgage gave MERS the right to foreclose on behalf of lender. However, the case was dismissed inasmuch as MERS failed to show that it owned the.

 · There is a clear split in authority amongst the departments of New York’s Appellate Division on the issue of whether the defense of lack of standing may be waived by a.

While the court’s holding was narrow and limited to uncommon situations where the note and mortgage are separated, it is possible that borrower-defendants may seek to rely on the decision to raise.

Such an analysis scrutinizes. weigh in on a substantive issue, which isn’t normally true with an antitrust case at the high court. “When you have an antitrust case that’s going to reach a merits.