("MERS") is In mortgage foreclosure cases, the plaintiff has standing as the holder of the note and the mortgage. When MERS forecloses, MERS is the mortgagee and it is the holder of the note because a MERS officer will be in possession of the original note endorsed in blank, which makes MERS a holder of the bearer paper.

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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.

Scott Walker and later in Iowa and Florida. unions and their members in labor-friendly states such as New Jersey,

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ClwtrBkAtty-Carol A. Lawson, Esq.: MERS- Walker Case CA – 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.

RICKIE WALKER CASE, see attached below Therefore, MERS definition of "Holding the Note" is not the legal equivalent of "Owning the Note"; California Civil Code section 2924 for foreclosure only applies if MERS owned the note. The Second Fatal Flaw – MERS tracking system is not a legal chain of title and the debt may be uncollectible.

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.