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· 9/6/2011

In Re Lippold

Citations

  • 457 B.R. 293
  • 66 Collier Bankr. Cas. 2d 570
  • 2011 Bankr. LEXIS 3282
  • 2011 WL 3890540

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • Bank did not demonstrate its “right to payment” because “it lack[ed] the ability to seek the state law remedy of foreclosure.”
  • “Aegis did not confer any rights on MERS in the Note—MERS is not a party to the Note nor is there any indication that MERS was authorized to take any action with respect to the Note.”
  • Under New York law, a plaintiff has standing to commence a mortgage foreclosure action “where it is both the holder or assignee of the subject mortgage and the holder or assignee of the underlying note at the time the action is commenced.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin Glenn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.