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Bank of New York v. Silverberg

Bank of N.Y. v. Silverberg, 86 A.D.3d 274 (N.Y. App. Div. 2011)

Court
New York Supreme Court, Appellate Division, Second Department
Decided
2011-06-07
Docket
Not listed in the sources consulted
Cited by later opinions
200

What happened

The Silverbergs were sued for foreclosure by a bank whose only link to the loan was an assignment from MERS, which had been named just as nominee and never held the note.

What the court decided

The Appellate Division held the bank lacked standing and ordered the complaint against the Silverbergs dismissed: an assignment from MERS, which never held the note, could not transfer the debt.

In the court's words

“procedures must be followed to ensure the reliability of the chain of ownership”

Why it may matter to you

A family won dismissal because the chain of paperwork did not hold together.

Why it might not apply

New York intermediate appellate law; Texas treats MERS as a valid mortgagee (Martins).

Most useful when

  • MERS assigned your mortgage but never held the note

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationBank of N.Y. v. Silverberg, 86 A.D.3d 274 (N.Y. App. Div. 2011)Short formSilverberg, 86 A.D.3d 274

Draft — check it with free legal aid before you file or say it in court.

In Bank of N.Y. v. Silverberg, 86 A.D.3d 274 (N.Y. App. Div. 2011), the court held that a plaintiff whose only claim to the loan is an assignment from MERS, which never held the note, lacks standing to foreclose in New York. Here, [say in one sentence what happened in your case]

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