NY appellate court scrutinizes the MERS standing issue

New York State Appellate Court MERS Smackdown: Another Nail in the Coffin Posted on June 14, 2011 by Yves Smith There has been a lot of buzz about a strongly worded decision by the New York Second Appellate Division in the Bank of New York v.

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The Court of Appeals, New York State’s highest court, is composed of a Chief Judge and six Associate Judges, each appointed to a 14-year term. New York’s highest appellate court was established to articulate statewide principles of law in the context of deciding particular lawsuits.

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A Brilliant Oral Argument.That Lasts 1 minute. Court found Baum firm attorney Elpinicki Bechakas was the corporate officer who signed a mortgage assignment on behalf of MERS while Baum represents the plaintiff. The judge raised the conflict of interest issue in the context of the New York Rules of Professional Conduct. 5-6-09 HSBC v. Miller 4786-2008 Sullivan County

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 · The trial court granted summary judgment in favor of Aurora, and an appeals court affirmed. The New York Court of Appeals affirmed the summary judgment on the standing issue, holding that Aurora had standing to commence a judicial foreclosure action under New York law because it possessed the original note before it filed the lawsuit.

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Illinois Official Reports . Appellate Court . Bank of New York Mellon v. Rogers, 2016 IL App (2d) 150712. Appellate Court Caption THE BANK OF NEW YORK MELLON, f/k/a The Bank of New York, as Trustee for RBSGC Mortgage Loan Trust Mortgage Pass.

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