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Bank of NY Mellon: Bank of NY Mellon, No. This ruling should simultaneously benefit the housing market, while taking away a major weapon for foreclosure defense attorneys.

The case was brought by well-respected foreclosure defense attorney Glenn Russell, Esq. FNMA which held that a foreclosing lender must establish it holds both the promissory note and the mortgage. Title companies have issued comprehensive underwriting guidelines after the Eaton ruling.

The mortgage designated Mortgage Electronic Systems, Inc. MERS as the nominee for Countrywide. InStrawbridge defaulted on her note by failing to keep up with her mortgage payments. The borrower challenged the sale in the Superior Court which ruled against her.

Lastly, the judge ruled that the borrower lacked standing to raise defects in the pooling and servicing agreement because she is not a party to that intra-lender agreement. Take Aways The impact of this decision is a reaffirmation that the MERS system of assigning mortgages remains legal and binding in Massachusetts.

MERS mortgages account for the vast majority of conventional mortgage financing in Massachusetts. This ruling will also make it more difficult for distressed homeowners to challenge foreclosures, clearing the way for banks to sell REO property.

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I spoke to Attorney Russell about the case, and he indicated that he is considering taking an appeal up to the Supreme Judicial Court. So this may not be the last word on the an research paper Affordable Assignment Purchase how to do a dissertation schedule websites for online essay editing.

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