An assignment of the mortgage to the second entity was recorded a few months later, but because the two assignments were not recorded in the correct order, the second entity had no recorded interest in the mortgage when it executed the previous assignment to the plaintiff. Consequently, the assignment of the mortgage to the plaintiff was a nullity.
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If you’re facing a foreclosure and think that there’s a problem with the assignment of mortgage in your case, you should speak to a qualified attorney who can advise you about what to do in your circumstances. Additionally, any given foreclosure or legal situation has many potential claims and defenses.
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The Appeals Court noted that pursuant to U.S. Bank Natl. Assn. v. Ibanez, 458 Mass. 637, 648 (2011), an entity has the authority to exercise the power of sale in a mortgage if they are the assignee of the mortgage at the time of the notice of sale and the subsequent foreclosure sale, and MERS made such an assignment to Countrywide prior to the.
County of New York, State of NEW YORK and is the purported Master Servicer for Securitized Trust and/or a purported participant in the imperfect securitization of the Note and/or the Deed of Trust as more particularly described in this Complaint.