Myers v. Mortgage Electronic Registration System Inc.

Ninth Circuit

Myers v. Mortgage Electronic Registration System Inc.

540 F. App'x 572

Court of Appeals for the Ninth Circuit·Decided September 9, 2013·No. 12-35218·Unpublished·Cited by 1 cases

Opinion

MEMORANDUM *

Gregory A. Myers appeals the district court’s dismissal of his claims against various bank and mortgage entities related to wrongful foreclosure and violation of the Washington Deed of Trust Act and other state law claims. Because the parties are familiar with the facts, we do not recite them here. The bottom line is that the original lender, Accell, transferred the Note to Flagstar, which actually holds the Note. We affirm for the reasons outlined in the district court’s February 24, 2012, Order Granting Motions to Dismiss. We further note that recent Washington case law does not change the result. See Klem v. Wash. Mut. Bank, 176 Wash.2d 771, 295 P.3d 1179 (2013), and Walker v. Quality Loan Serv. Corp., No. 65975-8-1, 176 Wash.App. 294, 308 P.3d 716, 2013 WL 3989666 (Wash.App. Aug. 5, 2013).

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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MEMORANDUM *

Gregory A. Myers appeals the district court’s dismissal of his claims against various bank and mortgage entities related to wrongful foreclosure and violation of the Washington Deed of Trust Act and other state law claims. Because the parties are familiar with the facts, we do not recite them here. The bottom line is that the original lender, Accell, transferred the Note to Flagstar, which actually holds the Note. We affirm for the reasons outlined in the district court’s February 24, 2012, Order Granting Motions to Dismiss. We further note that recent Washington case law does not change the result. See Klem v. Wash. Mut. Bank, 176 Wash.2d 771, 295 P.3d 1179 (2013), and Walker v. Quality Loan Serv. Corp., No. 65975-8-1, 176 Wash.App. 294, 308 P.3d 716, 2013 WL 3989666 (Wash.App. Aug. 5, 2013).

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

Myers v. Mortgage Electronic Registration System Inc., 540 F. App'x 572 (9th Cir. 2013).

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