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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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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-
A healthcare worker who had traveled to Saudi Arabia was confirmed as the first U.S. case of Middle East Respiratory Virus (MERS), an often fatal illness, raising new concerns about the rapid spread.
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.
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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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