Another Foreclosure case Overturned due to Standing


In this Ohio Appeals Court case, the Court ruled that Bank of New York did not have standing when it began foreclosure proceedings.

In Byrd, we held that “in a foreclosure action, a bank that was not the mortgagee when suit was filed cannot cure its lack of standing by subsequently obtaining an interest in the mortgage.”2 At oral argument in this case, Bank of New York has repeated its assertion that it had an existing interest in the property at issue when it filed suit, but the record does not support this assertion.

Although it is similar to many rulings nationwide, I did not notice mention of MERS.

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About rereno

Real estate investor
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