("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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For more information about Mortgage Electronic Registration Systems, Inc. (MERS) please go to www.mersinc.org

In In Re Walker, the court basically held that since MERS is not the beneficial owner of the note, it can’t foreclose. Your application for TRO/preliminary injunction would be against all three. (I would include the trustee in the application) In California, an agent of the beneficiary can sign the Notice of Default.

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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.

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