GREGORY MYERS V. MORTGAGE ELECTRONIC REGISTRATI, No. 12-35218 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 09 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GREGORY A. MYERS, Plaintiff - Appellant, No.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