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Some, predominantly cases in state court, hold that MERS can foreclose and. In re: Box in Missouri, In re: Kemp in New Jersey, and In re: Walker in California.
MERS CALIFORNIA CASE |Rickie Walker Case California Mers Bk Ed 2010 |FULL SERIES OF FILINGS FOR CONVENIENCE. Retweet. Retweeted. Like. Liked. Back to top Loading seems to be taking a while. Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status.
MERS was created in the mid to late 1990's by the mortgage banker's association. California May 20, 2010, in a bankruptcy case called In re Walker, Case no.
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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.
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At oral argument, appellants offered In re Walker (Bankr.E.D.Cal. May 20, 2010, No. 10-21656-E-11) 2010 Bankr.LEXIS 3781, to assert that MERS did not have authority to assign the mortgage without holding the promissory note. In that case, Walker obtained a loan from Bayrock Mortgage Corporation (Bayrock) to finance a real estate purchase.
Deutsche Bank National Trust Company ("Deutsche Bank"); MERSCORP, Inc., and mortgage electronic registration systems, Inc. (collectively, "MERS"); and CIS Financial Services, Inc. ("CIS"), petitioned the Alabama Supreme Court for permission, pursuant to Rule 5, Ala. R. App. P., to appeal the trial court’s denial of their motions seeking to dismiss the claims of the plaintiffs– Walker County.
ClwtrBkAtty-Carol A. Lawson, Esq.: 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.