Anthony Bucci v. Lehman Brothers Bank, Fsb

Summary

The Court affirmed the Superior Court's denial of declaratory and injunctive relief, holding that the mortgage expressly authorized MERS, as nominee and holder of legal title, to exercise the statutory power of sale. The Court further held that the foreclosure was not moot because the plaintiffs failed to show that MERS could not reasonably resume the challenged conduct, and that Rhode Island law does not require the mortgagee and note holder to be the same entity when the mortgagee acts as the note owner's authorized agent.