In RE AGRED

". . . IN ALL FUTURE CASES WHICH INVOLVE MERS, THE MOVING PARTY [SEEKING STAY RELIEF] MUST SHOW THAT IT VALIDLY HOLDS BOTH THE MORTGAGE AND THE UNDERLYING NOTE . . .TO PROVE STANDING. . . "

more+
less-

The US BANKRUPTCY COURT FOR THE EASTERN DISTRICT O NEW YORK HAS HELD THAT WHILE NOT APPLICABLE TO THE INSTANT CASE BECAUSE OF ROOKER-FELDMAN AND RES JUDICATA, ". . . IN ALL FUTURE CASES WHICH INVOLVE MERS, THE MOVING PARTY [SEEKING STAY RELIEF] MUST SHOW THAT IT VALIDLY HOLDS BOTH THE MORTGAGE AND THE UNDERLYING NOTE . . .TO PROVE STANDING. . . "

BECAUSE OF THE ENORMOUS NUMBER OF SUCH CASES IN WHICH MERS IS INVOLVED, THE IMPACT OF THIS CASE IS LIKELY TO BE FAR REACHING--AND IN MY VIEW, LIKELY TO BE APPEALED. STAY TUNED. . . .

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

Reference Info:Decision | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jennifer L. Saffer, J.L. Saffer, P.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×