California bankruptcy court rules against MERS

u.s. supreme court denies writ in the robinson case against mers! BREAKING NEWS, OP-ED – On May 22, 2017, the United States Supreme Court declined to hear the matter of Daniel and Darla Robinson vs. Mortgage Electronic Registration Systems, Inc. and MERSCORP Holdings, Inc.

both in the U.S. Bankruptcy Court for the Northern District of California. –Additional reporting by Dorothy Atkins and Keith Goldberg. Editing by Kat Laskowski..

Federal Judge Rules: MERS Mortgage Transfers are Illegal. However, by the "Rooker-Feldman" doctrine (or res judicata), the US Bankruptcy Court is prohibited from "looking behind" the state court’s decision to determine the issue of legal standing. Hence, Judge Grossman ruled in the bank’s favor on that particular issue.

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Supreme Court rules against Obama A. The Court Lacks Subject Matter Jurisdiction to Rule on the Claim against Faber, but May Have Jurisdiction to Rule on the Claim against MERS. Pursuant to 28 U.S.C. 1334(b), the Court has jurisdiction over an adversary proceeding (1) arising under the Bankruptcy Code, (2) arising in or (3) related to a case brought under the Bankruptcy Code.

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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.

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.

CALIFORNIA BANKRUPTCY COURT HOLDS THAT MERS CANNOT TRANSFER NOTE FOR WANT OF OWNERSHIP; CITES BOYKO, LANDMARK (KANSAS), LAMY, AND VARGAS CASES. Kesler (Kansas decision as to lack of authority of MERS), LaSalle Bank v. Lamy (New York), and In Re Foreclosure Cases (the "Boyko" decision from Ohio Federal Court).

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