Supreme Court
No. 2013-209-Appeal.
Lawrence R. O’Leary, Jr. :
v. :
Mortgage Electronic Registration Systems, :
Inc., et al.
ORDER
The plaintiff, Lawrence R. O’Leary, Jr., appeals from an entry of summary judgment in
favor of Mortgage Electronic Registration Systems, Inc. (MERS), Federal National Mortgage
Association, and JPMorgan Chase Bank, N.A. This case came before the Supreme Court at a
session in conference pursuant to Article I, Rule 12A(3)(b) of the Supreme Court Rules of
Appellate Procedure. The plaintiff contends that the assignment of his mortgage and subsequent
foreclosure on the mortgage were both invalid. At this time, we proceed to decide this case
without further briefing and argument.
After careful review of the record in this case, we are convinced that the plaintiff has
failed to submit competent evidence demonstrating a question of material fact in this case or
demonstrating that the assignment was not properly authorized. See Mruk v. Mortgage
Electronic Registration Systems, Inc., 82 A.3d 527, 532 (R.I. 2013) (party opposing summary
judgment must submit evidence of substantial nature to dispute questions of material fact). The
plaintiff’s assertion that MERS could not hold the mortgage without the promissory note and had
no authority to assign the mortgage in this case is also without merit. In Bucci v. Lehman
Brothers Bank FSB, 68 A.3d 1069, 1085-89 (R.I. 2013), this Court established that MERS may
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serve as a mortgagee without holding the promissory note. It is well settled that MERS has the
authority under the terms of the mortgage in this case to assign it. See Ingram v. Mortgage
Electronic Registration Systems, Inc., 94 A.3d 523, 528 (R.I. 2014).
Accordingly, the plaintiff’s appeal is denied and dismissed.
Entered as an Order of this Court on this 25th day of September, 2014.
By Order,
/s/
Clerk
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RHODE ISLAND SUPREME COURT CLERK’S OFFICE
Clerk’s Office Order/Opinion Cover Sheet
TITLE OF CASE: Lawrence R. O’Leary, Jr. v. Mortgage Electronic Registration
Systems, Inc. et al.
CASE NO: No. 2013-209-Appeal.
COURT: Supreme Court
DATE ORDER FILED: September 25, 2014
JUSTICES: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
WRITTEN BY: N/A – Court Order
SOURCE OF APPEAL: Providence County Superior Court
JUDGE FROM LOWER COURT:
Associate Justice Bennett R. Gallo
ATTORNEYS ON APPEAL:
For Plaintiff: George E. Babcock, Esq.
For Defendants: Mark S. Adelman, Esq.
Charles A. Lovell, Esq.