Bank of New York v. Dyer
Annotate this CaseJohn Dyer gave a promissory note and a mortgage on property securing the note to Countrywide Home Loans, Inc. The mortgage contained language naming Mortgage Electronic Registration Systems, Inc. (MERS) as lender’s nominee. The Bank of New York later filed a complaint for foreclosure, asserting that Dyer had stopped making payments on the note and that he owed the Bank over $1 million. During the trial, the Bank filed a motion to dismiss its complaint without prejudice on the ground that it did not have the requisite standing to pursue its claim. Dyer filed an objection requesting that any dismissal be with prejudice and that he be awarded his attorney fees and costs. The district court granted the Bank’s motion to dismiss without prejudice and declined to award additional attorney fees or costs. The Supreme Judicial Court affirmed, holding that the district court did not err in dismissing the complaint without prejudice and in declining to award Dyer his full attorney fees and costs.
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