MERS- Walker Case CA

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SEOUL (Reuters) – South Korea’s health ministry on Thursday reported 14 new cases of Middle East Respiratory Syndrome (MERS), taking the total to 122 in an outbreak that is the largest outside Saudi.

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.

Thus, the Supreme Court did not rule on the merits of the case. the impact to California. The U.S. Supreme Court’s action threw out that 9th Circuit decision, saying the appeal was not properly.

This time, however, Citi’s lawyers have put their top gun type lawyer on the case, and so along with their opposition to Walker’s objection, they’ve submitted a declaration, written by William Hultman, Secretary and Treasurer of MERS, who you might remember from the recent opinion on MERS written by Judge Grossman in New York. Okay, so.

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The Court of Appeal of the State of California Second Appellate District affirmed a trial court’s order dismissing a wrongful foreclosure lawsuit against MERSCORP Holdings. In Matlock v.J.P.

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.

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Since MERS only has an interest in the deed of trust, it lacks the power or standing to effectively transfer the debt from lender to another unless the other elements of perfecting the transfer are met. Rickie Walker filed for Chapter 11 bankruptcy in the Eastern District of California, sacramento division (case No. 2010-21656).