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Posted: Monday, August 12, 2013 11:02 AM



A quiet title case is a lawsuit by a homeowner against any bank that may claim to hold the homeowner’s mortgage loan to force the bank to prove that it owns the loan. If the bank cannot produce the original mortgage and properly endorsed promissory note, the homeowner should win the quiet title case.

Winning the quiet title case means that the mortgage lien will be extinguished (deleted) and the homeowner will own the property free and clear of the mortgage. The homeowner may keep or sell the home without paying the former mortgage debt.

Winning a quiet title case in New York became much easier in 2011 when the law changed to help homeowners. The change of law occurred in the case of Bank of New York v. Silverberg (2d Dept. 2011), in which a New York Appellate Court ruled that all trades of mortgages on the Mortgage Electronic Registration Systems, Inc. (MERS) system were invalid because MERS never holds any of the underlying promissory notes.

MERS (mis)handles the majority of mortgages in New York and the United States. If your mortgage loan paperwork mentions Mortgage Electronic Registration Systems, Inc. (MERS), then MERS probably mishandles your mortgage and the Silverberg case may invalidate your mortgage debt in a New York quiet title action.

Keep in mind that the change of law created by the Silverberg case may not be permanent, so it is important to start your quiet title action as soon as possible.

To learn more about quiet title actions by homeowners, please contact the LeNoir Law Firm to speak with an attorney.

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Office: 212-531-0284

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