MERS- Walker Case CA

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.

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.

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RICKIE WALKER, CASE NO. 10-21656-E-11, 5/20/2010 U. S. BANKRUPTCY COURT EASTERN DISTRICT OF CA, see attached below Therefore, MERS definition of "H olding the Note" is not the legal equivalent of "Owning the Note"; California Civil Code section 2924 only applies if MERS owned the note.

For more information about Mortgage Electronic Registration Systems, Inc. (MERS) please go to www.mersinc.org

MERS is put in this position in one of two ways: the first is by an assignment from a lender or servicer to MERS. This method is usually associated with bulk transfers of servicing. The second way is with the lender naming mers as the mortgagee of record as nominee for itself (and its successors and assigns) in the original security

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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.

A coronavirus is responsible for middle east respiratory Syndrome, or MERS. A coronavirus is responsible for Middle East Respiratory Syndrome, or MERS. Photo: Uncredited, Associated Press 1st MERS.

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In In Re Walker, the court basically held that since MERS is not the beneficial owner of the note, it can’t foreclose. Your application for TRO/preliminary injunction would be against all three. (I would include the trustee in the application) In California, an agent of the beneficiary can sign the Notice of Default.

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