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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.
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TORONTO – Countries should be on the lookout for cases of MERS in people returning from Middle Eastern countries affected by the virus, the World Health Organization said Thursday in an updated risk.
(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.
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. The judge opined:
In re: Walker, Case No. 10-21656 chapter 11 ronald H. Sargis, Judge, U.S. Bankruptcy Court, Sacramento Mitchell L. Abdallah, attorney for Rickie Walker. MERS assigned the Deed of Trust for Debtor’s property to Citibank, which filed a secured claim. Debtor objected to the claim.
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.
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