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NY judge dismisses foreclosure case because MERS cannot give lender authority

New York judges ruling against MERS foreclosures are standing firm

massachusetts supreme court foreclosure decision Judges ruling against MERS are standing firm, saying that “the law must not yield to expediency and the convenience of lending institutions,” in the words of Justice John M. Leventhal. “Proper procedures must be followed to ensure the reliability of the chain of ownership,” he added.

Ya hear that – all you PRETENDER LENDERS!?

Although the homeowner was delinquent on a $479,000 mortgage, there was NO NOTE IN EVIDENCE not just in MERS, but anywhere.

“They’ve had three years to find it [the note],” said the homeowner’s lawyer, “and they haven’t.”

The trustee for the trust allegedly containing the mortgage, the Bank of New York (BONY), could not produce the note and, according to the courts, since MERS “couldn’t give BONY the authority to foreclose because it didn’t possess the underlying note,” the homeowners will not face foreclosure. “A transfer of the mortgage without the debt is a nullity, and no interest is acquired by it,” the court ruled[1].

How to use the laws and the courts to fight your lender in your state

Don’t let your ‘pretender lender’ get away with jerking you around for loan modification approval or wrongful foreclosure. Fight back.

You must sue your lender to prove to the court they do not have legal standing as the real party of interest. They are not the true and beneficial holder in due course.

You must present evidence in the form of a securitization audit. With your evidence in hand, you can motion the court to take mandatory judicial notice of the Massachusetts Supreme Court ruling in US Bank v Ibenez.

Tell the judge, that in this ruling, it was decided that there must be a perfection of chain of title and that blank assignments are not acceptable. The securitization audit you are presenting to the court proves no such perfection of chain of title exists. You want the court to dismiss the foreclosure sale (if this is pending) and you want the court to wipeout your mortgage.

You can sue the court ‘pro se’ without an attorney or you can, of course, hire an attorney that ‘gets what’s going on’ (not all do). There are multiple sources of low-cost legal help you can use as explained in my free report. I would also recommend a low-cost coaching resource that gives you step-by-step instructions on how to fight back using the laws and the courts.

This proven and effective resource has been established by a homeowner who was in the same position as you are facing now. He learned how to fight back against his PRETENDER LENDER and won.

He decided to share his knowledge and put together a Foreclosure Defense Coaching Course that walks you through, step-by-step, the legal process I outlined above, along with the forms you need to start the process.

For more information on the coaching program (including a short video on stopping foreclosure) from the author and expert himself click the button below.

CLICK HERE: Foreclosure Defense Coaching Program

P.S. Vince is not a lawyer, he is a homeowner just like you. So he and his course cannot give you legal advise, only legal education.

You are still advised to use an attorney to answer any legal questions and provide legal advice. These legal resources are explained in my free report and listed in the section Tools To Fight Your Lender.
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Source: http://realestate.bryanellis.com/4690/more-on-mers-new-york-courts-still-at-it/

Technorati Tags: Bank of New York, BONY, new york foreclosure dismissal, MERS

Related posts:

  1. Utah couple fights foreclosure and wins
  2. Stop B of A foreclosure using mortgage loophole and mortgage audit
  3. New York judges dismiss foreclosures over faulty paperwork
  4. FL homeowner forecloses on Bank of America
  5. Supreme Court of Massachusetts upholds decision to dismiss foreclosures where banks fail to prove ownership of mortgages

Tags: Bank of New York, BONY, MERS, new york foreclosure dismissal

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