“Excellent! Delivery of the Note to Mortgage Electronic Registration Systems, Inc. (MERS III) can never be proved because MERS III never held any Notes. See this passage in Citibank v. Herman: plaintiff failed to establish delivery of the note to MERS prior to the execution of the assignment. Full opinion is attached. ‘ORDERED that the order is reversed insofar as appealed . . . . the Hermans established, prima facie, that MERS was never the holder of the note and was without authority to assign the note to the plaintiff. In opposition, the plaintiff failed to raise a triable issue of fact.'”

2.4.2015.Citibank,-N.A