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BANK OF NEW YORK v. RAFTOGIANIS

No. F-7356-09

13 A.3d 435 (2010)

418 N.J. Super. 323

BANK OF NEW YORK, as Trustee for Home Mortgage Investment Trust 2004-4 Mortgage-Backed Notes, Series 2004-4, Plaintiffs, 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, Defendants.

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

Decided June 29, 2010.

Attorney(s) appearing for the Case

Brian C. Nicholas for plaintiff (Zucker, Goldberg & Ackerman, attorneys).

Eric Garrabrant for defendant Roman J. Krywopusk ( Flaster Greenberg , attorneys).

W.C. TODD, P.J.Ch.

This opinion deals with the plaintiff's 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 (hereinafter "MERS") 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. This action to foreclose the...

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