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CLARK v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS

C.A. No. 12-802-M.

7 F.Supp.3d 169 (2014)

Robert W. CLARK, Jr., Plaintiff, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. et al., Defendants.

United States District Court, D. Rhode Island.

Signed March 27, 2014.

Attorney(s) appearing for the Case

Corey J. Allard, George E. Babcock, Pawtucket, RI, for Plaintiff.

Paul Michienzie, Michienzie & Sawin, LLC, Boston, MA, Jeanne M. Scott, Law Offices of Jeanne M. Scott, Newport, RI, Harris K. Weiner, Salter McGowan Sylvia & Leonard, Inc., Providence, RI, for Defendants.

MEMORANDUM AND ORDER

JOHN J. McCONNELL, JR., District Judge.

Plaintiff Robert W. Clark, Jr. filed a lawsuit against Defendants Mortgage Electronic Registration Systems, Inc. ("MERS") and Bayview Loan Servicing, LLC ("Bayview"), alleging that Bayview had no standing to foreclose on his mortgage because the assignment of his mortgage from MERS to Bayview was void. Both Defendants move to dismiss pursuant to Fed.R.Civ.P. Rule 12(b)(6), arguing that Mr...

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