| Plaintiffs: | STATE OF NEW JERSEY, BARRETT BATES , ATLANTIC COUNTY, BERGEN COUNTY, BURLINGTON COUNTY, CAMDEN COUNTY, CAPE MAY COUNTY, CUMBERLAND COUNTY, ESSEX COUNTY, GLOUCESTER COUNTY, HUDSON COUNTY, HUNTERDON COUNTY, MERCER COUNTY, MIDDLESEX COUNTY, MONMOUTH COUNTY, MORRIS COUNTY, OCEAN COUNTY, PASSAIC COUNTY, SALEM COUNTY, SOMERSET COUNTY, SUSSEX COUNTY, UNION COUNTY and WARREN COUNTY |
|---|---|
| Defendants: | .
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , MERSCORP. INC. , ALTERNA MORTGAGE CO., ARGO MORTGAGE AND INVESTMENT INC., AMERICAN HOME MORTGAGE SERVICING , AMERICAN MORTGAGE NETWORK INC., BANK OF AMERICA, N.A. , CITIMORTGAGE, INC., CITIBANK, NA, COUNTRYWIDE HOME LOANS, INC. , DEUTSCHE BANK NATIONAL TRUST COMPANY , DEUTSCHE BANK TRUST COMPANY, N.A., EMC MORTGAGE CORPORATION, GE MONEY BANK, FSB, GFI MORTGAGE, INC., GMAC MORTGAGE LLC , HOMECOMINGS FINANCIAL LLC , INDYMAC BANK, INC., J.P. MORGAN CHASE BANK, N.A. , ONE WEST BANK, F.S.B., OPTION ONE MORTGAGE, U.S. BANK, N.A. , WELLS FARGO BANK, N.A. , WMC MORTGAGE, LLC, DOES 1-MMM and SAXON MORTGAGE |
| Case Number: | 1:2012cv05606 |
| Filed: | September 7, 2012 |
| Court: | New Jersey District Court |
| Office: | Camden Office |
| County: | Burlington |
| Presiding Judge: | Joseph H. Rodriguez |
| Referring Judge: | Joel Schneider |
| Nature of Suit: | Other – Other (375) |
| Cause: | 31:3729 |
| Jurisdiction: | Federal Question |
| Jury Demanded By: | Plaintiff |
source: justia.com
Complaint courtesy of www.afnetwork.org/
– Page 12 #40 cites state law, as opposed to the infamous Carpenter v. Longan (1872) case:
“An assignment of a mortgage, apart from the debt, is a nullity. See, N.J.S.A. 2A:50-2.”
– The complaint EXCLUDES those mortgages where MERS is originally named as “mortgagee;” also known as “MOM” instruments. This leaves out a great deal of NJ homeowners and gives rise to a presumption that MERS, in the context of MOM instruments, possesses the right/authority to assign the Note and Mortgage.
(See page 14, #47. In a non-MOM, MERS is never named as “mortgagee” in the mortgage instrument. A non-MOM does not give MERS any legal title to any interested granted by Borrower in the mortgage.*
*footnote: In contrast a MOM instrument purports to give MERS a bare title to the secured property.
page 15, #56. Any legal precedent that may recognize MERS as “nominee” or “beneficiary” only applies to MOM instruments and cannot be applied to non-MOM instruments.)
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