· Nebraska Department of Banking and Finance, Appellate, MERS stated on the Nebraska Supreme Court Record and indeed argued that it does not own the promissory notes secured by the mortgages, and has no right to payments made on the notes. I do not see how the Appellant Court can hold to such a decision, but evidently they have.
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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.
Problems with Challenging Standing in Bankruptcy Court Adversary Proceedings. Chapter 13 bankruptcy has debt qualification limits. If your debt exceeds the limit, you do not qualify. As of 2011, the unsecured debt limit is $360,475 and the secured debt limit is $1,081,400.
California Court Rules: MERS Can’t Foreclose, Citibank Can’t Collect Tweet "Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is VOID under California Law."
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Its origin has been revealed through the bankruptcy court hearings of Stockton, California; Detroit. “In the private sector the SEC would quickly bring fraud charges against a corporate issuer and.
This case involves another challenge to a non-judicial foreclosure sale in California. The basic facts of this case are that a borrower initially took out a loan with New Century Mortgage which loan was accompanied by a MERS deed of Trust (MERS was the nominee of the lender and its successors and assigns under the deed of trust and also listed as the beneficiary).
A state-court jury in California. where rules of evidence and procedural safeguards are considered by defendant companies to be stricter. After dow corning filed for bankruptcy in 1995, Dow.