California Backs MERS Right to Foreclose – Bay Area Real. – (In re: Agard in New York, In re: Box in Missouri, In re: Kemp in New Jersey, and In re: Walker in California.) In the most recent case in California, Gomes v. Countrywide, the state court unequivocally held in favor of MERS. In the Gomes decision, the Court held that MERS has the right to foreclose and the judicial system should not determine.
Does the Mortgage Electronic Registration Systems ("MERS. – RICKIE WALKER CASE, see attached below Therefore, MERS definition of "Holding the Note" is not the legal equivalent of "Owning the Note"; California Civil Code section 2924 for foreclosure only applies if MERS owned the note. The Second Fatal Flaw – MERS tracking system is not a legal chain of title and the debt may be uncollectible.
PDF Please Don't Let Me Be MERS-Understood – pralc.com – In a recent contrasting case in Califor-nia, In re Walker, Case No. 10-21656-E-11 (Bankr. E.D. CA), an issue was raised in the context of an Objection to Claim, regarding MERS role. Here the pre-siding judge sargis initially found that "Since no evidence of MERS ownership of the underlying note has been of-fered, and other courts have con-
mers | loan modification and mortgage reduction | Page 2 – In Re: Walker, Case No. 10-21656-E-11 – Eastern District of CA bankruptcy court rules mers has NO actionable interest in title. "Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void under California law." "MERS could not, as a matter of law, have transferred the note to.
In Re Walker, Part Deux – March 3rd, 2011, may just be a HUGE. – This time, however, Citi’s lawyers have put their top gun type lawyer on the case, and so along with their opposition to Walker’s objection, they’ve submitted a declaration, written by William Hultman, Secretary and Treasurer of MERS, who you might remember from the recent opinion on MERS written by Judge Grossman in New York. Okay, so.
Indiana MERS Case Has California Doctors Taking A Closer Look At Respiratory Illnesses – The man in the case in Indiana is expected to recover, but even so, California doctors are paying closer attention to respiratory viruses. California isn’t necessarily more susceptible to the deadly.
Mortgage Electronic Registration Systems | American Legal. – 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.