I agree that Sulak failed in their bid to contest MERS, but the recent bankruptcy court rulng seems to be just the opoosite. “which found that MERS could not, as a matter of law, have transferred the note to Citibank from the original lender, Bayrock Mortgage Corp. The Court’s opinion is headlined stating that MERS and Citibank are not the real parties in interest.”
Further, “Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note IS VOID UNDER CALIFORNIA LAW.”
It maybe that this does not hold up under appeal, but for now, there is a hole in the damn. Here in California, and Kansas, New York, and Ohio.