NY SUPREME COURT finds RECORDING DEFECTS |Mortgage Electronic Registration Systems Inc., v. Lisser

Categorized | chain in title, conflict of interest, conspiracy, foreclosure, foreclosure fraud, foreclosures, MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, Real Estate, sewer service, trustee, Trusts

NY SUPREME COURT finds RECORDING DEFECTS |Mortgage Electronic Registration Systems Inc., v. Lisser

Posted on30 August 2010. Tags: 1501(1), AMTRUST BANK, Anna Lisser, article 15, assignment of mortgage, beneficial owner, CHRISTOPHER RASCIONATO, defects, fraud, HON. F. DANA WINSLOW, MERS, MICHELE MIROFF, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., ny supreme court, poa, power of attorney, process service, recorded deed, rpapl, STATE OF NEW YORK, Supreme Court, title, v.

This is an action pursuant to RP APL Article 15 in which determination of its interest in real property, and to direct the Nassau County Clerk’s Office to accept a copy of a deed and mortgage for recording, insofar as the originals were misplaced and never recorded.

the Court seeks an explanation as to why the Affidavit of Merit is provided by a principal of the United General Title Insurance Company. What is the relationship of that company to Plaintiff? What authority does the affiant have to speak on behalf of Plaintiff? What is the basis of the affiant’s personal knowledge?

the Court questions whether or not MERS, as nominee for Am Trust Bank has standing to bring this action. A party who “claims an estate or interest in real property” may bring an action under Article 15 of the RPAPL. RPAPL ~1501(1). “The interest had by any mortgagee” is an interest in real property for purposes of bringing such an action. ~RPAPL1501(5). Is MERS a mortgagee for purposes of Article 15, or is MERS the mortgagee only for recording purposes? Can MERS bring this action without a Power of Attorney from the beneficial owner of the Mortgage?

Finally, the Court is reluctant to grant declaratory or other relief without evidence of the recorded interests in the Property from July 20 2007 and the current state of title.

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