SUPREME COURT – STATE OF NEW YORK
I.A.S. PART XXXVI SUFFOLK COUNTY
HON. PAUL J. BAISLEY, JR., J.S.C.
GMAC v. JOSEPH A. REMKUS
The note itself reflects that it was executed and delivered by the mortgagor to E*Trade. MERS is not mentioned in the note and is given no rights therein. Accordingly, the court is unable to discern from the submissions a factual or legal basis for MERS’ purported assignment of‘the underlying note to plaintiff. Moreover, even if the purported assignment were valid in all respects, plaintiffs submissions establish that at the time of the commencement of this action plaintiff was not the owner of the mortgage and note sued upon.
The Court notes that the questionable validity of the purported assignment is further reflected by the fact that it appears to have been executed on behalf of MERS by the same person, Jeffrey Stephan, who executed the “affidavit of merit” on behalf of the plaintiff in this action.
In light of the foregoing, the motion to appoint a referee is denied.
Proposed ex-parte order marked “not signed.”
Dated: July 28, 2008
Contiune reading the NY Case below…I have others similar
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