the sale. 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. I. BACKGROUND

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Knowledge Seminar: An Inside Look at Federal Appellate Courts 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.

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,

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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.

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¶ 2 Plaintiff, the Bank of New York Mellon, first known as the Bank of New York, as Trustee for the certificateholders CWALT, Inc., alternative loan trust 200629t, Mortgage – Pass-Through Certificates (the Bank), filed a foreclosure action against defendants, Barry A. Robin and Anna Marie Robin, on a.

Standing. When reviewing and investigating a foreclosure complaint, a practitioner should first determine whether the party seeking to foreclose has standing. When a plaintiffs standing to commence a foreciosure action is placed in issue by the defendant, it is incumbent upon the plaintiff to establish its standing to be entitled to relief.’

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