Suarez v. Bank of New York Mellon – MERs lacked authority to assign note
Posted On: June 19th 2013
Plaintiff prevailed in bringing a claim for Cancellation of Instruments to cancel the Assignment of Deed of Trust recorded against her home on the basis that the instrument was robo-signed and that MERS failed to disclose the beneficial owner when assigning an interest in the mortgage. In addition to great ruling permitting Plaintiff’s first two causes of action, Plaintiff was given leave to amend the Declaratory Relief claim in the court’s final ruling.