SUAREZ vs BANK OF NEW YORK MELLON | CA Superior Court - MERS Assignment, BONY Summary Judgment and Summary Adjudication Denied

via BERGMAN & GUTIERREZ

This is another great ruling... The last time we wrote, the judge had overruled the Defendant's demurrer. This time, they filed for Summary Judgment/Adjudication, and the judge denied their motion! One of the core issues in this case is whether MERS can assign an interest in a mortgage loan in an Assignment of Deed of Trust in its own name. In other words, whether MERS was required to disclose on whose behalf it was "assigning" the mortgage loan as required under the statute of frauds.