3On September 1, 2006, plaintiff began servicing the noteson behalf of Lehman.Sometime in 2008, defendant went into default in thepayment of her obligations under the notes.On January 30, 2009, plaintiff purportedly obtained anassignment of the $320,000 note from Lehman and the mortgagesecuring that note.
This assignment was signed by a personnamed Joann Rein, with the title of Vice-President of MortgageElectronic Systems, Inc. (MERS). MERS was described in theassignment document as a "nominee for Lehman Brothers Bank."This document is discussed in greater detail later in theopinion.On February 23, 2009, plaintiff filed this mortgageforeclosure action. The parties subsequently engaged innegotiations to resolve the matter. Those negotiations wereunsuccessful and are not relevant to our disposition of thisappeal.Plaintiff filed a motion for summary judgment to strikedefendant's answer on the ground there was no contested issue offact material to plaintiff's right to foreclose upon defendant'sproperty. In support of this motion, plaintiff relied primarily
The record does not indicate whether there also was anassignment of the $60,000 note and mortgage securing that note.