SUPREME COURT – STATE OF NEW YORK

IAS PART 6 – SUFFOLK COUNTY

P R E S E N T :
Hon. RALPH. T. GAZZILLO
Justice of the Supreme Court

MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
c/ 0 Wells Fargo Bank, NA
3470 Stateview Boulevard
Ft, Mill, SC 2971 5

v.

THOMAS STANDFORD, UNITED STATES
OF AMERICA ACTING THROUGH THE IRS

EXCERPT:

Based up0n the submissions herein, it appears that plaintiff “MERS” had no standing to
commence the present action as it was not the owner of the mortgage and note when the action was
commenced. As of January 28,2005, “MERS” had already relinquished its interest in the note and
mortgage and at no subsequent lime did it regain an interest in the subject mortgage and note. In
addition, the affidavit of merit that is attached in support of the moving papers as Exhibit C, was
executed b) “Certifying Officer” Carolyn Brown of “MERS” on February 13,2009. “MERS” had no
demonstrable interest or standing in this matter on Feb.l3,2009 and, accordingly, the affidavit of its
of officer has no probative value.

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