California bankruptcy court rules against MERS

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 Citibank from the original lender, Bayrock Mortgage Corp.”

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When the Bankruptcy Rules, the FRCivP and the Civil L.R. are silent as to a particular matter of practice on an appeal to the District Court from the Bankruptcy Court, the assigned District Judge may apply the Rules of the United States Court of Appeals for the Ninth Circuit, the FRAppP, and the Rules of the United States Bankruptcy Appellate Panel of the Ninth Circuit.

NY Establishes Loss Mitigation, Fair Dealing Duties for Mortgage Servicers New York Mortgage Modifications – Orange County Foreclosures – In addition, Bankruptcy Judges in the Southern District of New York oversee a bankruptcy court-sponsored loss mitigation program to permit debtors and creditors to attempt to work out a mortgage default with greater transparency and accountability than is often available through mortgage industry loss mitigation programs outside of bankruptcy.

 · But, MERS is not the owner of your mortgage, of course, and now a bankruptcy court judge in the Eastern District of California has officially said that he agrees. MERS is a relatively new development in the mortgage world, and as the foreclosure crisis began the courts pretty much let them do whatever they wanted to do, as the party in interest in a foreclosure action.

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Past Local Rules. The following General Orders remain in effect for the Bankruptcy Court in the Eastern District of California. The following General Orders adopted Local Bankruptcy Rules or amended those rules. They are of historical importance in that they enact, amend, or rescind local rules.

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Pro Quality foreclosure video case brief by Attorney Steve Fontenot case from California Court of Appeals validates MERS role in the foreclosure process and makes it tougher to challenge wrongful foreclosure Uncategorized Jan 23 Feb 15 admin Well we have been talking aboutwrongful foreclosure, the role of MERS and irregularities in the foreclosure process for years now.