Gregory A. Myers v. Mortgage Electronic Registration Systems Inc

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
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.
No. 12-35218
D.C. No. 3:11-cv-05582-RBL
MEMORANDUM*
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
FILED
SEP 09 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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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.
2

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