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When a MERS nominee mortgage is assigned in New Jersey is there a law that says they have to file it in county records?

Cape May, NJ |

The complaint filed against me for foreclosure stated the Mortgage was assigned from Countrywide to Bank of New York on May 29th 2009 and TO BE RECORDED in county records, but as of Nov 17 2010 nothing has been recorded.

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Attorney answers 1


Typically, in most states, an assignment must be recorded to be legally valid. It sounds like, if MERS is they party filing the foreclosure action against you, they likely have no standing to foreclose. You should definitely consult a New Jersey attorney that specializes in foreclosures and has experience with MERS.

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