California bankruptcy court rules against MERS

A California appellate court has affirmed. something Nautilus failed to establish here.” The court stated that public policy and the rules of insurance policy interpretation dictated against.

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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.

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.

Judge Ignores Rules of Evidence to Grant Foreclosure Summary Judgment with no Rationale Gomes will help them sell Homes as Court rules in favor of MERS initiating foreclosure in California Uncategorized Jan 12 Feb 15 admin This is a second blog post dealing with various legal challenges to the MERS registration system and their ability to initiate a foreclosure.

 · California bankruptcy court rules against MERS. Countrywide. While the bankruptcy court’s decision is only binding in its own jurisdiction and is tied to a very narrow issue filed in bankruptcy court, the opinion does challenge the role MERS plays in the foreclosure process when dealing with securitized loans held by a trustee.

Today, September 25, 2018, twenty-one self-represented defendants fighting against the illegal foreclosure of their homes completed the filing and service of a petition to the Massachusetts Supreme Judicial Court, critical to the due process and appeal rights of the Inhabitants of Massachusetts under the state Constitution.

The bankruptcy court disagreed with this argument and essentially discredited mers ability to establish foreclosing authority, saying even if MERS was the beneficiary at the time of foreclosure.

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Appendix I – Local Bankruptcy Rules Forms List. Appendix II – Attorney Discipline Procedures in bankruptcy court (Fifth Amended General Order No. 96-05) Appendix III – Adoption of Mediation Program for Bankruptcy Cases and Adversary Proceedings (Third Amended General Order No. 95-01)