Donovan C. Woodruff v. Mortgage Electronic Registration Systems, Inc. ( 2014 )

Supreme Court
No. 2013-207-Appeal.
Donovan C. Woodruff et al. :
v. :
Mortgage Electronic Registration Systems, :
Inc., et al.
ORDER
The plaintiffs, Donovan C. Woodruff and Cynthia L. Woodruff, appeal from an entry of
summary judgment in favor of Mortgage Electronic Registration Systems, Inc. (MERS) and
Signature Group Holdings, Inc. 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 plaintiffs contend that the assignment of their mortgage and subsequent
foreclosure on the mortgage were both invalid. At this time, we proceed to decide this case
without further briefing and argument.
On appeal the plaintiffs argue that questions of fact in the case precluded the entry of
summary judgment. However, the plaintiffs have failed to submit competent evidence
demonstrating the existence of questions of material fact. 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 plaintiffs
also have offered no competent evidence to support their assertion that the official who executed
the assignment of their mortgage was not authorized to sign it.
The plaintiffs further challenge the ability of MERS to assign the mortgage in this case
and challenge the legality of having the mortgage and promissory note held by separate entities.
It is well settled that MERS may serve as mortgagee without holding the promissory note and
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); Bucci v. Lehman
Brothers Bank FSB, 68 A.3d 1069, 1085-89 (R.I. 2013).
Accordingly, the plaintiffs’ appeal is denied and dismissed.
Entered as an Order of this Court on this 25th day of September, 2014.
By Order,
/s/
Clerk
RHODE ISLAND SUPREME COURT CLERK’S OFFICE
Clerk’s Office Order/Opinion Cover Sheet
TITLE OF CASE: Donovan C. Woodruff et al. v. Mortgage Electronic Registration
Systems, Inc. et al.
CASE NO: No. 2013-207-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 Plaintiffs: George E. Babcock, Esq.
For Defendants: Dean J. Wagner, Esq.