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Myers v. Mortg. Elec. Registration Sys. Inc.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 9, 2013
540 F. App'x 572 (9th Cir. 2013)

Opinion

No. 12-35218 D.C. No. 3:11-cv-05582-RBL

09-09-2013

GREGORY A. MYERS, Plaintiff - Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC; JOAN H. ANDERSON, EVP on behalf of Flagstar Bank; FLAGSTAR BANK, FSB; MTC FINANCIAL INCORPORATED, DBA Trustee Corps, Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

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


Appeal from the United States District Court

for the Western District of Washington

Ronald B. Leighton, District Judge, Presiding


Argued and Submitted August 26, 2013

Seattle, Washington

Before: HAWKINS, McKEOWN, and CLIFTON, Circuit Judges.

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, 295 P.3d 1179 (Wash. 2013), and Walker v. Quality Loan Serv. Corp., No. 65975-8-I, 2013 WL 3989666 (Wash. App. Aug. 5, 2013).

AFFIRMED.


Summaries of

Myers v. Mortg. Elec. Registration Sys. Inc.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 9, 2013
540 F. App'x 572 (9th Cir. 2013)
Case details for

Myers v. Mortg. Elec. Registration Sys. Inc.

Case Details

Full title:GREGORY A. MYERS, Plaintiff - Appellant, v. MORTGAGE ELECTRONIC…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Sep 9, 2013

Citations

540 F. App'x 572 (9th Cir. 2013)

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