MERS CALIFORNIA CASE |Rickie Walker Case California Mers Bk Ed 2010 |FULL SERIES OF FILINGS FOR CONVENIENCE

MERS CALIFORNIA CASE |Rickie Walker Case California Mers Bk Ed 2010 |FULL SERIES OF FILINGS FOR CONVENIENCE

MERS CALIFORNIA CASE |Rickie Walker Case California Mers Bk Ed 2010 |FULL SERIES OF FILINGS FOR CONVENIENCE

Via: b.daviesmd6605

July 9, 2010
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 Court’s opinion is headlined stating that MERS and Citibank are not the real parties in interest.

The court found that MERS acted “only as a nominee” for Bayrock under the Deed of Trust and there was no evidence that the note was transferred. The opinion also provides that “several courts have acknowledged that MERS is not the owner of the underlying note and therefore could not transfer the note, the beneficial interest in the deed of trust, or foreclose on the property secured by the deed”, citing the well-known cases of In Re Vargas (California Bankruptcy Court), Landmark v. Kesler (Kansas decision as to lack of authority of MERS), LaSalle Bank v. Lamy (New York), and In Re Foreclosure Cases (the “Boyko” decision from Ohio Federal Court).

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2 Responses to “MERS CALIFORNIA CASE |Rickie Walker Case California Mers Bk Ed 2010 |FULL SERIES OF FILINGS FOR CONVENIENCE”

  1. TTIME says:

    I am in desperate need of someones help while trying to fight off mt foreclosure. During research I have found my loan is part of mers, that there are many false documents filed, false notary stamp among a host of other impriorities.I need some direction assistance, ultimately an attorney would be the way to go , however, funds being the key issue I must wrestle this on my own and pray that I get some advise or cheap help. Any suggestions would be a blessing to your fellow man.

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