Plaintiff BANK OF NEW YORK has failed to establish that MERS was the lawful holder or assignee of the Note with regard to the first alleged assignment. Therefore, plaintiff BANK OF NEW YORK is without standing to commence this action as "an assignment of the mortgage without assignment of the underlying not or bond is a nullity".
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Monday, February 27, 2012
Another win for the Law Offices of Robert Brown, P.C.
Plaintiff BANK OF NEW YORK has failed to establish that MERS was the lawful holder or assignee of the Note with regard to the first alleged assignment. Therefore, plaintiff BANK OF NEW YORK is without standing to commence this action as "an assignment of the mortgage without assignment of the underlying not or bond is a nullity".
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another victory
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