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Tuesday, January 18, 2011

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Slip Copy, 2009 WL 4823387 (D.Nev.)
(Cite as: 2009 WL 4823387 (D.Nev.))
Only the Westlaw citation is currently available.

United States District Court,
D. Nevada.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellant,
v.
Sheila MEDINA, et al., Appellees.

Dist. Ct. No. 2:09-CV-00670-KJD-GWF.
Bankr.Ct. No. BK-S-08-12206-BAM.
Dec. 4, 2009.

ORDER
KENT J. DAWSON, District Judge.
*1 Presently before the Court is Appellant's Appeal under 28 U.S.C. § 158(a) from the Bankruptcy Court's Order Denying Motion to Lift Stay entered in the Adversary Proceeding No. BKS08-12206-BAM, docket no. 32, April, 2, 2009. Having considered the briefs and the record on appeal, including the arguments of parties at the consolidated hearing on November 10, 2009, the Court affirms the Order of the Bankruptcy Court.

I. Procedural History and Facts
On April 14, 2009, Appellant Mortgage Electronic Registration Systems, Inc. ("MERS") filed Notice of Appeal (# 1) appealing the Bankruptcy Court's order denying Appellant's motion for relief from stay. This appeal is one of approximately eighteen (18) similar cases in which the Bankruptcy Court ruled that Appellant lacked standing to bring the motion.

In the underlying bankruptcy action, MERS filed its Motion for Relief from Stay ("the Motion") pursuant to Federal Rule of Bankruptcy Practice ("Rule") 4001 on March 28, 2008 seeking to have the automatic stay lifted so that MERS could conduct a non-judicial foreclosure sale on debtor's real property because the debtor lacked the ability to make payments and could not provide adequate security. Trustee Lenard E. Schwartzer ("Trustee") filed objections to the Motion claiming that MERS did not have standing as a real party in interest under the Rules to file the motion. (Appellant's Appendix ("Appx.") Doc. No. 12, p. 848).

In its original motion, Appellant identified itself as the current payee of the Note, contrary to its own corporate procedures. (Appx.626, 432). The Motion also attached a copy of the original Deed which described MERS as beneficiary and identified MERS as the nominee of the original lender, Decision One Mortgage Company. (Appx.815). However, the Motion did not identify the current owner of the beneficial interest in the Note, or any of the successors or assignees of the Deed of Trust. The Motion also failed to assert that MERS, or Decision One Mortgage held the Note. Furthermore, the Motion identified MERS as moving solely as Nominee for Countrywide Financial Corportion, its assignees and/or successors in interest without identifying any evidence that Countrywide held an interest in the Note or was an assignee of the Deed. (Appx.811).

Due to the similar issues raised regarding motions for relief from stay in approximately twenty-seven (27) cases involving MERS, the Bankruptcy Court set a joint hearing for all twenty-seven cases. (Appx.113-18). The Bankruptcy Court also ordered consolidated briefing for all cases to be filed in Case No. 07-16226-LBR, In re Mitchell, the "lead case". Id. In a majority of the cases, including the present case, Appellant attempted to withdraw the Motion but was procedurally unable to do so, because the Trustee would not consent. (Appx.852, 1383, 1902-1904, 1907-1909). MERS informed the Bankruptcy Court that it had attempted to withdraw the Motion, because it had been filed contrary to its own corporate procedures. (Appx.432). Particularly in this case, MERS improperly identified itself as the payee of the Note. (Appx.626).

*2 A final hearing was held on August 19, 2008. (Appx.650-729). On March 31, 2009, the Bankruptcy Court issued Memorandum Opinions and Orders denying MERS' motions for relief from stay in Mitchell and two other cases. (Appx.740-54, 1581-95, 1959-72). In the remaining cases, including the present case, the Bankruptcy Court denied the motions for relief from stay by incorporating the reasoning from the Mitchell Memorandum Opinion. (Appx.857).

The Bankruptcy Court held that MERS lacked standing because it was not a real party in interest as required by the Rules. (Appx.740-54). Specifically, the court found that "[w]hile MERS may have standing to prosecute the motion in the name of its Member as nominee, there is no evidence that the named nominee is entitled to enforce the note or that MERS is the agent of the note's holder." (Appx.753). The court further held that MERS' asserted interest as beneficiary under the contract terms did not confer standing because MERS had no actual beneficial interest in the note and, therefore, was not a beneficiary. (Appx.745-48).

MERS now appeals that order asserting that the Bankruptcy Court erred as a matter of law when it determined that MERS may not be a beneficiary under the deeds of trust at issue in the eighteen consolidated cases where the express language of the deeds of trust provide that MERS is the beneficiary. The Trustee continues to assert that MERS lacks standing because it is not a real party in interest.

II. Standard of Review
This Court has jurisdiction pursuant to 28 U.S.C. § 158(a) and reviews the Bankruptcy Court's findings under the same standard that the court of appeals would review a district court's findings in a civil matter. 28 U.S.C. § 158(c)(2). Therefore, the Court reviews the Bankruptcy Court's factual findings under a clearly erroneous standard, and conclusions of law de novo. See In re Healthcentral.com, 504 F.3d 775, 783 (9th Cir.2007); In re First Magnus Fin. Corp., 403 B.R. 659, 663 (D.Ariz.2009).

III. Analysis
This appeal arises from eighteen cases in which MERS filed motions for relief from stay in the Bankruptcy Court. In each case, either a party or the Bankruptcy Court raised the issue of whether MERS had standing to bring the motion. In holding that MERS did not have standing as the real party in interest to bring the motion for relief from stay, the Bankruptcy Court determined that MERS was not a beneficiary in spite of language that designated MERS as such in the Deed of Trust at issue. MERS seeks to overturn the Bankruptcy Court's determination that it is not a beneficiary. However, the Court must affirm the Bankruptcy Court's order under the facts presented because MERS failed to present sufficient evidence demonstrating that it is a real party in interest.

A motion for relief from stay is a contested matter under the Bankruptcy Code. See Fed. R. Bankr.P. 4001(a); 9014(c). Bankruptcy Rule 7017 applies in contested matters. Rule 7017 incorporates Federal Rule of Civil Procedure 17(a)(1) which requires that "[a]n action must be prosecuted in the name of the real party in interest." See also, In re Jacobson, 402 B.R. 359, 365-66 (Bankr.W.D.Wash.2009); In re Hwang, 396 B.R. 757, 766-67 (Bankr.C.D.Cal.2008). Thus, while MERS argues the bankruptcy court erred when it determined that MERS was not a beneficiary under the deeds of trust, MERS only has standing in the context of the motion to lift stay under the Rules if it is the real party in interest. See Fed. R. Bankr.P. 7017.

*3 Since MERS admits that it does not actually receive or forfeit money when borrowers fail to make their payments, MERS must at least provide evidence of its alleged agency relationship with the real party in interest in order to have standing to seek relief from stay. See Jacobson, 402 B.R. at 366, n. 7 (quoting Hwang, 396 B.R. at 767 ("the right to enforce a note on behalf of a noteholder does not convert the noteholder's agent into a real party in interest")). An agent for the purpose of bringing suit is "viewed as a nominal rather than a real party in interest and will be required to litigate in the name of his principal rather than his own name." Hwang, 396 B.R. at 767. This is particularly important in the District of Nevada where the Local Rules of Bankruptcy Practice require parties to communicate in good faith regarding resolution of a motion for relief from stay before it is filed. LR 4001(a)(3). The parties cannot come to a resolution if those with a beneficial interest in the note have not been identified and engaged in the communication.

In the context of a motion for relief from stay, the movant, MERS in this case, bears the burden of proving it is a real party in interest. In re Wilhelm, 407 B.R. 392, 400 (Bankr.D.Idaho 2009)(citing In re Hayes, 393 B.R. 259, 267 (Bankr.D.Mass.2008)("To have standing to seek relief from the automatic stay, [movant] was required to establish that it is a party in interest and that its rights are not those of another entity")). Initially, a movant seeking relief from stay may rely upon its motion. Id. However, if a trustee or debtor objects based upon standing, the movant must come forward with evidence of standing. Id.; Jacobson, 402 B.R. at 367 (requiring movant at least demonstrate who presently holds the note at issue or the source of movant's authority).

In this case, instead of presenting the evidence to the Bankruptcy Court, MERS attempted to withdraw the Motion from the Bankruptcy Court's consideration, citing moving counsel's error in identifying MERS as the payee of the Note. FN1 The only evidence provided by MERS was a copy of the original Deed that identified MERS as a beneficiary and the nominee for the original lender. Since MERS provided no evidence that it was the agent or nominee for the current owner of the beneficial interest in the note, it has failed to meet its burden of establishing that it is a real party in interest with standing. Accordingly, the order of the Bankruptcy Court must be affirmed.

FN1. In other cases movant did not seek to withdraw the Motion, but similarly produced no evidence that it held the note or acted as the agent of the noteholder.

This holding is limited to the specific facts and procedural posture of the instant case. Since the Bankruptcy Court denied the Motion without prejudice nothing prevents Appellant from refiling the Motion in Bankruptcy Court providing the evidence it admits should be readily available in its system. The Court makes no finding that MERS would not be able to establish itself as a real party in interest had it identified the holder of the note or provided sufficient evidence of the source of its authority.

IV. Conclusion
*4 Accordingly, IT IS HEREBY ORDERED that the Order of the Bankruptcy Court entered March 31, 2009 is AFFIRMED.

D.Nev.,2009.
Mortgage Electronic Registration Systems, Inc. v. Medina
Slip Copy, 2009 WL 4823387 (D.Nev.)

END OF DOCUMENT
© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.

 
 
 
423 B.R. 914
(Cite as: 423 B.R. 914)

United States District Court,
D. Nevada.
In re Joshua Scott MITCHELL and Stephanie Judith Mitchell a/k/a Stephanie Judith Cabral, Debtors.
Mortgage Electronic Registration Systems, Inc., Appellant,
v.
Joshua Scott Mitchell and Stephanie Judith Mitchell a/k/a Stephanie Judith Cabral, Appellees.

No. 2:09-cv-0668-JCM-RJJ.
Bankruptcy No. BK-S-07-16226-LBR.
Appellate Ref. No. 09-00018.
Dec. 30, 2009.

Background: Agent for beneficial interest holder sought to conduct non-judicial foreclosure sale of debtors' real property that secured loan that was in default. The bankruptcy court, 2009 WL 1044368, denied creditor's motion for relief from automatic stay. Creditor appealed.

Holding: The District Court, James C. Mahan, J., held that agent that was unable to produce either promissory note underlying debtor's obligation or written authority from holder of that note to agree to alteration of obligation could not certify that it had attempted to confer with debtor or debtor's counsel to resolve matter without court action.
Affirmed.

West Headnotes

Bankruptcy 51 2422.5(5)

51 Bankruptcy
     51IV Effect of Bankruptcy Relief; Injunction and Stay
           51IV(C) Relief from Stay
               51k2422 Cause; Grounds and Objections
                     51k2422.5 In General
                         51k2422.5(4) Particular Cases
                               51k2422.5(5) k. Mortgages; foreclosure. Most Cited Cases
Agent for beneficial interest holder that was unable to produce either promissory note underlying debtor's obligation or written authority from holder of that note to agree to alteration of obligation could not certify that it had attempted to confer with debtor or debtor's counsel to resolve matter without court action, and thus agent was not entitled under local rule to lift automatic stay to conduct non-judicial foreclosure sale of debtors' real property that secured loan that was in default. 11 U.S.C.A. § 362(d); Fed.Rules Civ.Proc.Rule 17(a)(1)(G), 28 U.S.C.A.; Fed.Rules Bankr.Proc.Rule 4001, 11 U.S.C.A.

*914 Jeffrey A. Silvestri, McDonald Carano Wilson, Las Vegas, NV, K. Issac DeVyver, Raymond A. Cardozo, Reed Smith LLP, Pittsburgh, PA, Ryan Jefferson Works, McDonald Carano Wilson, Las Vegas, NV, for Mortgage Electronic Registration Systems, Inc.

Laura L. Fritz, Andrew S. T. Fritz, Ltd., Las Vegas, NV, for Joshua Scott Mitchell, Stephanie Judith Mitchell.

Lenard E. Schwartzer, Schwartzer & McPherson Law Firm, Las Vegas, NV, for Lenard E. Schwartzer.

ORDER
JAMES C. MAHAN, District Judge.
Presently before the court is appellant Mortgage Electronic Registration Systems, Inc.'s (hereinafter “MERS”) 28 U.S.C. § 158(a) appeal from the bankruptcy court's order (No. BK-S-07-16226-*915 LBR, Doc. # 99) denying MERS' motion for relief from automatic stay. Having considered the briefs, the record on appeal, and the parties' arguments at the consolidated hearing on November 10, 2009, the court affirms the bankruptcy court decision.

I. FACTS AND PROCEDURAL HISTORY
On July 15, 2008, MERS filed its motion to lift stay in the underlying bankruptcy court case, pursuant to Federal Rule of Bankruptcy Rule 4001. MERS was seeking to conduct a non-judicial foreclosure sale of appellees/debtors Joshua and Stephanie Mitchell's real property, which secured a loan that was in default. (BK-S-07-16226-LBR, Doc. # 30.)

MERS filed its motion to lift stay “Solely as Nominee for Plaza Home Mortgage, Inc., its successors and/or assigns.” (Id., Doc. # 30 at 1:19-20.) The deed of trust attached to the motion identified “Plaza Home Mortgage Inc.” as the lender and MERS as the beneficiary and nominee. (Id., Doc. # 30-2 at 1-2.) The motion, however, neither attached the note, nor any documentation demonstrating that Plaza Home Mortgage or any of its successors and/or assigns were the note's current payee or had authorized the foreclosure proceeding and motion to lift stay. Additionally, no affidavit or other documentation supported the motion's assertions. Based on the foregoing, Bankruptcy Trustee Lenard E. Schwartzer (hereinafter “trustee”) filed objections to MERS' motion to lift stay arguing that, under the Bankruptcy Rules, MERS lacked standing as a real party in interest to file the motion. (Id., Doc. # 34).

On April 29, 2008, the bankruptcy court issued an order setting twenty-seven (27) cases, all cases involving MERS' motions to lift stays, for an en banc, joint hearing on June 9, 2008. The bankruptcy court also ordered consolidated briefing for all cases to be filed in the instant case, as the “lead case.” (Id., # 44 at 2.) In ten (10) of the cases now on appeal, including the instant case, MERS attempted to withdraw its motion to lift stay prior to the en banc hearing, but was procedurally unable to because the bankruptcy trustee objected. (Id., # 99 at 2-3, n. 8.)

On August 19, 2008, the bankruptcy court held its final hearing. (See id., # 83.) At the hearing, MERS' counsel argued that MERS need not disclose the beneficial interest holder's identity to establish that MERS was, as an agent for the beneficial interest holder, a real party in interest. Further, a declaration by MERS Secretary William Hultman stated that “every one of these loans is registered to a MERS member[,]” thereby implying MERS had authority to act for an undisclosed beneficial owner.

On March 31, 2009, the bankruptcy court issued memorandum opinions and orders denying MERS' motion to lift stays in this, and two other cases. The bankruptcy court held MERS lacked standing because it was not a real party in interest as the bankruptcy rules require. Specifically, the court found that “[w]hile MERS may have standing to prosecute the motion in the name of its Member as nominee, there is no evidence that the named nominee is entitled to enforce the note or that MERS is the agent of the note's holder.” The court further held that MERS' asserted interest as beneficiary under the contract terms did not confer standing because MERS lacked actual beneficial interest in the note and, therefore, was not a true beneficiary.

MERS now appeals, asserting the bankruptcy court erred as a matter of law when it determined that MERS was not a true beneficiary under the deeds of trust at * issue in the eighteen (18) consolidated cases, where the express language of the deeds of trust provide that MERS is the beneficiary. The trustee continues to assert that MERS lacks standing because it is not a real party in interest.

II. STANDARD OF REVIEW
This court has jurisdiction pursuant to 28 U.S.C. § 158(a) and reviews the bankruptcy court's findings under the same standard that the court of appeals would apply in reviewing a district court's findings in a civil matter. 28 U.S.C. § 158(c)(2). Therefore, the court reviews the bankruptcy court's factual findings under a clearly erroneous standard, and its conclusions of law de novo. See In re Healthcentral.com, 504 F.3d 775, 783 (9th Cir.2007); In re First Magnus Fin. Corp., 403 B.R. 659, 663 (D.Ariz.2009).

III. ANALYSIS
This appeal is one of many that have been filed with the various Nevada district judges from bankruptcy court holdings that MERS was not a real party in interest and accordingly lacked standing to move to lift the bankruptcy stay of 11 U.S.C. Section 362(d). The lower court held that MERS lacked standing because it was not a holder in due course of the promissory note underlying the deed of trust that it was seeking to foreclose and thus was not a real party in interest.

That rationale appears to conflict with numerous rulings by the district judges in Nevada dismissing unrelated, non-bankruptcy lawsuits brought by homeowners who seek to enjoin MERS from foreclosing on their homes. The district judges have dismissed the homeowners' complaints and ruled that MERS is authorized by state statute to foreclose the deeds of trust that encumber these various properties. Nevertheless, this court will affirm the bankruptcy court, albeit on alternative grounds.

FRCP 17 requires that an action be prosecuted in the name of the real party in interest and then provides that certain parties, such as executors and trustees, may sue in their own names without joining the party for whose benefit the action is being prosecuted. One of the parties authorized to sue in its own name is one who is authorized to do so by statute. FedRCivP. 17(a)(1)(G). That category would appear to include MERS, as provided in prior rulings by the various district judges holding that MERS is a proper party under Nevada statutes to conduct a foreclosure sale. Courts from other jurisdictions have recognized that state law provides the basis for such a party to initiate foreclosure. See In re Tainan, 48 B.R. 250, 252 (Bankr.E.D.Pa.1985).

In order to obtain a lift of stay, however, an additional requirement is imposed by the Local Rules of Practice for Nevada. LR 4001(5) requires that a party seeking to lift the automatic bankruptcy stay must certify that it has attempted to confer with debtor or debtor's counsel and despite “sincere effort,” the parties were unable to resolve the matter without court action.

This rule requires more than a pro forma conversation with debtor's counsel before filing a motion. Rather, the requirement envisions a true effort to negotiate the dispute before resorting to court action. Clearly, in order to have a meaningful negotiation, the secured creditor must be able to alter or compromise the debtor's obligation, for example by changing the payment amount, interest rate, or repayment schedule of the promissory note and deed of trust. In order to be able to compromise the obligation, the secured creditor must be the owner of that obligation or an agent of the owner with written*917 authority to agree to alteration of the obligation.

Here, MERS was unable to produce either the promissory note underlying the debtor's obligation or written authority from the holder of that note. Accordingly, MERS could not comply with the requirements of LR 4001 in a meaningful way, and the bankruptcy court correctly held that MERS was not entitled to lift the automatic stay.

Accordingly, the order of the bankruptcy court that MERS lacked standing to move to lift the automatic stay is AFFIRMED.

D.Nev.,2009.
In re Mitchell
423 B.R. 914

END OF DOCUMENT
© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.


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---------- Forwarded message ----------
From: My-Cast Weather Center <forecast@my-cast.com>
Date: Tue, Jan 18, 2011 at 6:05 AM
Subject: Your morning My-Cast
To: guyperea@gmail.com


Good morning, guy!

Here's your Morning My-Cast prepared on Tue, Jan 18.


----- MY-CAST FOR WESTERN WHITE HOUSE -----

Tue 8AM:  46F Wind E 2   Mist
Tue 10AM:  51F Wind SW 2  Mist
Tue 12PM:  56F Wind E 3   Haze
Tue 2PM:  60F Wind E 3   Haze

Tue 1PM:  59F Wind E 3   Haze
Tue 7PM:  54F Wind Calm  Mist
Wed 1AM:  45F Wind NW 2  Fog
Wed 7AM:  41F (Wind Chill 39F)  Wind NW 3  Fog
Wed 1PM:  58F Wind NW 13 Haze
Wed 7PM:  52F Wind NW 5  Mist
Thu 1AM:  45F (Wind Chill 43F)  Wind N 3   Fog

Currently:  47F (Wind Chill 45F)  Wind W 3
(on Tue 5:53AM PST at Modesto City-Co-Harry Sham Fld Airport)

----- MY-CAST FOR TREASURE ISLAND HELIBASE -----

Tue 11AM:  65F Wind SW 5  Cloudy
Tue 1PM:  68F Wind SW 8  Cloudy
Tue 3PM:  67F Wind SW 8  Clear
Tue 5PM:  66F Wind SW 8  Clear

Tue 4PM:  67F Wind SW 8  Clear
Tue 10PM:  63F Wind SW 3  Mist
Wed 4AM:  61F Wind SW 3  Mist
Wed 10AM:  64F Wind W 3   Cloudy
Wed 4PM:  69F Wind W 6   Clear
Wed 10PM:  63F Wind N 2   Mostly Clear
Thu 4AM:  60F Wind E 3   Fog

Currently:  63F Wind SW 7
(on Tue 8:53AM EST at Albert Whitted Airport)

----- MY-CAST FOR NAS BLYND HELIBASE -----

Tue 8AM:  46F Wind E 2   Mist
Tue 10AM:  51F Wind SW 2  Mist
Tue 12PM:  56F Wind E 3   Haze
Tue 2PM:  60F Wind E 3   Haze

Tue 1PM:  59F Wind E 3   Haze
Tue 7PM:  54F Wind Calm  Mist
Wed 1AM:  45F Wind NW 2  Fog
Wed 7AM:  41F (Wind Chill 39F)  Wind NW 3  Fog
Wed 1PM:  58F Wind NW 13 Haze
Wed 7PM:  52F Wind NW 5  Mist
Thu 1AM:  45F (Wind Chill 43F)  Wind N 3   Fog

Currently:  47F (Wind Chill 45F)  Wind W 3
(on Tue 5:53AM PST at Modesto City-Co-Harry Sham Fld Airport)

----- MY-CAST FOR BEAR VALLEY HELIBASE -----

Tue 8AM:  34F Wind S 2   Partly cloudy
Tue 10AM:  45F Wind Calm  Partly cloudy
Tue 12PM:  55F Wind N 3   Mostly Clear
Tue 2PM:  58F Wind N 3   Mostly Clear

Tue 1PM:  60F Wind N 3   Mostly Clear
Tue 7PM:  42F Wind Calm  Partly cloudy
Wed 1AM:  34F Wind S 1   Mostly Clear
Wed 7AM:  31F (Wind Chill 27F)  Wind S 3   Mostly Clear
Wed 1PM:  53F Wind NE 7  Mostly Clear
Wed 7PM:  38F Wind NE 1  Mostly Clear
Thu 1AM:  29F Wind SE 1  Partly cloudy

Currently:  36F Wind Calm
(on Tue 5:35AM PST at Columbia)

----- MY-CAST FOR CRANDEL HELIBASE -----

Tue 9AM:  30F (Wind Chill 24F)  Wind W 6   Cloudy
Tue 11AM:  31F (Wind Chill 24F)  Wind W 7   Cloudy
Tue 1PM:  31F (Wind Chill 23F)  Wind N 8   Mist
Tue 3PM:  30F (Wind Chill 22F)  Wind N 8   Mist

Tue 2PM:  31F (Wind Chill 23F)  Wind N 8   Mist
Tue 8PM:  22F (Wind Chill 14F)  Wind N 6   Chance of Snow
Wed 2AM:  14F (Wind Chill 6F)   Wind N 5   Light snow
Wed 8AM:   9F (Wind Chill 0F)   Wind N 5   Cloudy
Wed 2PM:  15F (Wind Chill 4F)   Wind N 8   Mostly Cloudy
Wed 8PM:   5F (Wind Chill -4F)  Wind SW 5  Mostly Clear
Thu 2AM:   3F (Wind Chill -7F)  Wind W 6   Clear

Currently:  39F (Wind Chill 32F)  Wind E 9
(on Tue 4:15AM MST at Yellowstone Rgnl Airport)

----- MY-CAST FOR AOCC HURRICANE CENTER -----

Tue 11AM:  65F Wind SW 5  Cloudy
Tue 1PM:  68F Wind SW 8  Cloudy
Tue 3PM:  67F Wind SW 8  Clear
Tue 5PM:  66F Wind SW 8  Clear

Tue 4PM:  67F Wind SW 8  Clear
Tue 10PM:  63F Wind SW 3  Mist
Wed 4AM:  61F Wind SW 3  Mist
Wed 10AM:  64F Wind W 3   Cloudy
Wed 4PM:  69F Wind W 6   Clear
Wed 10PM:  63F Wind N 2   Mostly Clear
Thu 4AM:  60F Wind E 3   Fog

Currently:  63F Wind SW 7
(on Tue 8:53AM EST at Albert Whitted Airport)

----- MY-CAST FOR WASHINGTON DC -----

Tue 11AM:  35F (Wind Chill 29F)  Wind N 6   Cloudy
Tue 1PM:  37F Wind N 2   Cloudy
Tue 3PM:  38F Wind NW 2  Cloudy
Tue 5PM:  38F Wind NW 2  Cloudy

Tue 4PM:  39F Wind NW 2  Cloudy
Tue 10PM:  35F Wind Calm  Mist
Wed 4AM:  34F Wind Calm  Light rain
Wed 10AM:  37F (Wind Chill 33F)  Wind NW 5  Mostly Cloudy
Wed 4PM:  41F (Wind Chill 35F)  Wind NW 8  Clear
Wed 10PM:  33F (Wind Chill 27F)  Wind NW 6  Mostly Clear
Thu 4AM:  27F (Wind Chill 23F)  Wind NW 3  Mostly Cloudy

Currently:  32F (Wind Chill 26F)  Wind N 6
(on Tue 9:05AM EST at College Park Airport)



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