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NYSC QUESTIONS MERS MOTIVE: MERS SATISFIED MORTGAGE, YET NO RECORDED ASSIGNMENT

NYSC QUESTIONS MERS MOTIVE: MERS SATISFIED MORTGAGE, YET NO RECORDED ASSIGNMENT


SUPREME COURT – STATE OF NEW YORK

PRESENT:
Honorable Karen V. Murphy
Justice of the Supreme Court

Index No. 5541/09

IN THE MATTER OF:

MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. as NOMINEE for ENCORE
CREDIT CORP.,
-against-
DIANA ESPOSITO a/kla DIANE ESPOSITO;
BANK OF AMERICA, N. ; NASSAU COUNTY
CLERK,

Excerpt:

The supporting affidavits are in conflict with the recorded satisfaction in that the
satisfaction executed by MERS as nominee for Encore states that there had been no
assignments.
There is a purported, and as yet unrecorded assignment from MERS as nominee
for Encore to Bank of America dated March 12, 2009.
This Court is left to question the
motivation behind MERS’ assignment of a mortgage previously satisfied of record during
the pendency of this matter.
There is no proof that MERS physically delivered the note and
mortgage to Bank of America prior to the date ofthe assignment.
(See Wells Fargo Bank,
N.A. v. Marchione , 2009 WL 3380639 (2d Dept. , 2009)).

[ipaper docId=39816560 access_key=key-zraolvm2awttl7phbxj height=600 width=600 /]

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