NY appellate court scrutinizes the MERS standing issue

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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.

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Relevant to our determination is the decision of the Court of Appeals in Matter of MERSCORP, Inc. v Romaine , which held that the Suffolk County Clerk was compelled to record and index mortgages, assignments of mortgages, and discharges of mortgages that named MERS as the lender’s nominee or mortgagee of record. In a concurring opinion, Judge Carmen Beauchamp Ciparick specified that the issue of whether MERS has standing to prosecute a foreclosure action remained for another day (id. at 100).

MERSCORP was victorious in two recent appellate. court in New York originally denied Chase’s motion for summary judgment to its foreclosure complaint, ruling that the bank lacked standing to.

NY appellate court scrutinizes the MERS standing issue Court of Appeals Scrutinizes 18-b Rules – 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.

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.

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