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MERS- Walker Case CA

In re: Walker, Case No. 10-21656 Chapter 11 Ronald H. Sargis, Judge, U.S. Bankruptcy Court, Sacramento Mitchell L. Abdallah, attorney for rickie walker. mers assigned the Deed of Trust for Debtor’s property to Citibank, which filed a secured claim. Debtor objected to the claim.

Gomes was a poorly pled and argued case. The basics are that MERS can foreclose, but not it its own name. In any assignment, substitution of trustee and notices, it must state who it acts for. California Statutes and the Deed of Trust itself support this. Recent decisions at the state and Fed level do as well.

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The United States Bankruptcy Court for the Eastern District of California has issued a ruling dated May 20, 2010 in the matter of In Re: Walker, Case No. 10-21656-E-11 which found that MERS could not, as a matter of law, have transferred the note to Citibank from the original lender, Bayrock Mortgage Corp.

MERS decision Question Rickie Walker Decision, Case #: 10-21656-E-11 – Trustee Questions I want to make sure I am interpreting something right. My first mortgage is with "Bank of Evil". The "Trustee".

California Precedent: The latest of these court decisions came down in California on May 20, 2010, in a bankruptcy case called In re Walker, Case no. 10-21656-E – 11. The court held that MERS could not foreclose because it was a mere nominee; and that as a result, plaintiff Citibank could not collect on its claim.

Everyone operates in good faith, then out of nowhere, someone shows up waving a piece of paper. The MERS system, while not explicitly named, is clearly the culprit of the chaos. 2009 In Re: Walker, Case No. 10-21656-E-11 – Eastern District of CA Bankruptcy court rules MERS has NO actionable interest in title.

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On Saturday, the new health minister, Adel Faqih, announced that the country was reserving three medical centres in several cities for treating MERS cases exclusively, as part of a nation-wide plan.

("MERS") is In mortgage foreclosure cases, the plaintiff has standing as the holder of the note and the mortgage. When MERS forecloses, MERS is the mortgagee and it is the holder of the note because a MERS officer will be in possession of the original note endorsed in blank, which makes MERS a holder of the bearer paper.