Walton v. Mortgage Electronic Registration Systems Inc.

MEMORANDUM

Plaintiff-Appellant Angela D. Walton appeals the district court’s order dismissing her complaint against Defendants-Appellees Mortgage Electronic Registration Systems, Inc. (“MERS”), Chase Home Loan Finance, LLC, and Chase Home Finance, LLC (collectively, “Appellees”). The parties are familiar with the facts of the case and we do not repeat them here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Most of Walton’s claims are predicated on her contention that the Appellees lacked authority to make transfers of v'arious interests in the deed of trust and foreclose. We have previously rejected claims challenging foreclosure proceedings predicated on MERS’s involvement. Cervantes v. Countrywide Home. Loans, Inc., 656 F.3d 1034, 1041-46 (9th Cir.2011). The California courts agree. See, e.g., Herrera v. Fed. Nat’l Mortg. Ass’n, 205 Cal.App.4th 1495, 1498, 1503-08, 141 . Cal.Rptr.3d 326 (2012); Additionally, there is no requirement that a trustee consent to a substitution of trustee. See Cal. Civ.Code § 2934a(d). In addition, MERS’s role and the lender’s authority to substitute the trustee were disclosed to Walton in the deed of trust. Consequently, the…