Thursday, March 29, 2012

Another win for the Law Offices of Robert Brown, P.C.

After Another victory …


COURT DISMISSES FORECLOSURE COMPLAINT DETERMINING THAT THE MERS ASSIGNMENT WAS A NULLITY.



Plaintiff/Bank moved for Summary Judgment against our client. We cross-moved to dismiss based on among other things the Bank’s lack of standing. Judge Maltese did not credit the Plaintiff’s claim that OneWest purchased all of the assets of IndyMac and noted, “Notably missing from the record is a copy of the purchase and assumption agreement between IndyMac and OneWest.” This is a battle that we frequently fight on the IndyMac loans and the Court here got it right.



Applying Bank of New York v. Silverberg, the Court determined that the assignment made by MERS as a nominee was a nullity. Therefore, the Bank did not have standing to sue the homeowner. Judge Maltese granted our motion and dismissed the foreclosure complaint.



Decision

1 comment:

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