Why is MERS listed as a defendant if it was assigning for the Plaintiff?? Exactly…conflicts here too!
SUPREME COURT – STATE OF NEW YORK
IAS PART 48 – SUFFOLK COUNTY
PRESENT: Hon. HECTOR D. LASALLE
Justice of the Supreme Court
x .
The Bank of New York fka The Bank of New York
as successor to JPMorgan Chase Bank, N.A. as
Trustee for Holders of SAM1 I1 Trust 2006-AR7,
Plaintiff,
v.
-against-
Jason Mungro, Mortgage Electronic Registration
Systems, Inc., acting solely as a nominee for
Countrywide Bank, N.A., its successors and
assigns, and “JOHN DOE #1” through “JOHN
DOE #10”, the last ten names being fictitious and
unknown to the plaintiff, the person or parties,
if any, having or claiming an interest in or lien
upon the mortgaged premises described in the
Complaint,
Defendants.
to be entitled to relief (see, CitiMortgage, Inc. v Rosentlial, 88 AD3d 759, 931 NYS2d 638 [2d Dept
20 1 I]). A plaintiff has standing where it is the holder or assignee of both the subject mortgage and of the
underling note at the time the action is commenced (see, Bank of N. Y. v Silverberg, 86 AD3d 274,926
NJ’S2d 532 [3d Dept 201 11; US. Bank, N.A. v Collymore, 68 AD3d 752, 890 NYS2d 578 [2d Dept
20001). “‘4s a general matter, once a promissory note is tendered to and accepted by an assignee, the
mortgage passes as ai1 incident to the note” (Bank of N. Y. v Silverberg, 86 AD3d 274, supra at 280; see,
Mortgage Elec. Registration Sys., Inc. v Conkley, 41 AD3d 674,838 NYS2d 622 [2d Dept 20071). “By
contrast, a transfer of a mortgage without an assignment of the underlying note or bond is a nullity, and
no interest is acquired by it” (Bank of N. Y. v Silverberg, 86 AD3d 274, supra at 280; see, LaSalle Bank
Natl. Assn. v, Ahearn, 59 AD3d 91 1, 875 NYS2d 595 [3d Dept 20091). “Either a written assignment of
the underlying note or the physical delivery of the note prior to the commencement of the foreclosure
action is sufficient to transfer the obligation” (US. Bank, N.A. v Collymore, 68 AD3d 752, supra at 754).
[…]
