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BANK OF NEW YORK v. RAFTOGIANIS

10 A.3d 236 (2010)

417 N.J. Super. 467

BANK OF NEW YORK, as Trustee for Home Mortgage Investment Trust 2004-4 Mortgage-Backed Notes, Series 2004-4, Plaintiff(s), v. Michael J. RAFTOGIANIS, his/her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Roman J. Krywopusk, his/her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Defendant(s).

Superior Court of New Jersey, Chancery Division, Atlantic County.

Decided June 29, 2010.

Attorney(s) appearing for the Case

Brian G. Nicholas , attorney for Plaintiff.

Eric Garrabrant , Linwood, attorney for Defendant Krywopusk.

WILLIAM C. TODD, III, P.J.CH.

This opinion deals with the plaintiffs right to proceed with an action to foreclose a mortgage which secures a debt evidenced by a negotiable note. The original lender elected to use the Mortgage Electronic Registration System in recording the mortgage by designating that entity, as its nominee, as the mortgagee. The note and mortgage were subsequently securitized, without notice to the borrower...

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