Bucci v. Lehman Brothers Bank

DECISION

Before this Court for decision are the Plaintiffs' requests for a declaratory judgment and injunctive relief.1 The Plaintiffs ask this Court, inter alia, to cancel a scheduled foreclosure sale of their home. The Plaintiffs argue that Mortgage Electronic Registration Systems, Inc. ("MERS"), under the facts of this case, lacks standing to foreclose under the Rhode Island Statutory Power of Sale. Jurisdiction is pursuant to sections 8-2-13 and 9-30-1 of the General Laws of Rhode Island, 1956, as amended.

Facts and Travel

The parties agree on the following facts. Anthony Bucci borrowed…