An owner of a home WON a Foreclosure case Pro Se in New York and the New York Supreme Court just ruled for her!
This woman challenged MERS herself without a lawyer (that is what Pro Se, means)! It shows it CAN BE DONE!
The New York Supreme court vacated judgment of EMC Mortgage (MERS bank) right to foreclose on her! They did not hold an assignment on the house when they began foreclosure proceedings!
She now has her house FREE and CLEAR!
It shows by standing up against the fraud, people can WIN even by doing it themselves!
From Judges order:
The pro se defendant, in her supporting affidavit (defense#1) challenged the right of theholder of the assigned mortgage to bring a foreclosure action and effect service.
The plaintiff, not being the holder of the assignment at the time the action was commenced,it did not have standing to commence this action. Accordingly, the Court vacates the Judgment of Foreclosure and Sale, which the County Clerks minutes indicate was executed on April 9, 2009 and dismisses the complaint
EMC v. Toussaint w
