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Commercial Law Keyed to Whaley
Good v. Wells Fargo Bank, N.A.
Citation:
18 N.E.3d 618 (2014)Facts
In 2008, Good purchased real estate and executed an electronic promissory note (“the Note”) in favor of Synergy Mortgage Group, Inc. (“Synergy”). The loan was secured by a mortgage which identified Synergy as the lender and Mortgage Electronic Registration Systems, Inc. (“MERS”) as a nominee for the lender. In 2011, Good stopped making payments on the loan and MERS, as nominee for Synergy, assigned the mortgage to Wells Fargo on November 14, 2011. In November 2012, Wells Fargo filed a complaint to foreclose the mortgage but Good filed an answer alleging that Wells Fargo was not a holder in due course of the Note and that it lacked standing to enforce the Note.
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