MERS was named a defendant in my case. Now BNY Mellon has come into the case, and its attorney told the court clerk that BNYM is a MERS successor and represents a trust connected with Countrywide. The court clerk made that note on the online record. The specific trust posted by the clerk, which I suppose is no more than a comment, is different from the one listed in a recent notice of servicing transfer. The notice says BNYM (then names the CWHEQ trust in parentheses) "is the creditor to whom the debt is due." I haven't had time to go to the courthouse to see what the filed document says.
The SEC site says the trust listed in the transfer of servicing notice "may be inactive." It also has this comment:
SUPPLEMENTAL INFORMATION TO BE FURNISHED WITH REPORTS FILED PURSUANT TO SECTION 15(d) OF THE ACT BY REGISTRANTS WHICH HAVE NOT REGISTERED SECURITIES PURSUANT TO SECTION 12 OF THE ACT. No annual report, proxy statement, form of proxy or other proxy soliciting material with respect to the Issuing Entity or the Depositor has been, or will be, sent to security holders.
Bank of New York was called the investor at one point, but now this action is by BNY Mellon/fka BNY. This is related to a second mortgage, now serviced by BofA, N.A instead of BAC.
Since MERS assignments have been held "ineffective" in court because the mortgage follows the note in my state, and the attorney says BNYM is a successor of MERS, does that mean BNYM is a successor to an ineffective entity and is a successor of nothing? I realize I might be stretching, so I would appreciate correction if I am. I don't understand all the trust legalities or any the information on the SEC site. I did not find my loan number in the lists of loans in the trust.
If the trust is inactive (last SEC report was March, 2008), is it legally correct for BNYM to act as trustee for the trust with the right to enforce the note? Plain vanillla BNY was named as the investor in the QWR response. BofA Home Loans sent all the notices of acceleration, and sent one to me yesterday. Shouldn't the servicer be sending those notices, if anyone should be sending them this last in the game? The case has been going on for over six months and MERS was a defendant at the beginning, if that means anything.
Thanks ahead of time for any help someone might give me to know any defense I might use against BNYM's entry into the case.