Sixth Court of Appeals Clarifies Recording Fee Standing Issue

Posted by & filed under 2013, Downstream litigation, Kentucky, Recording-fee litigation.

In Christian County Clerk, et al. v. Mortgage Electronic Registration Systems, Inc., et al., No. 12-5237 (6th Cir. 2013), the United States Sixth Circuit Court of Appeals heard a case on appeal from the United States District Court for the Western District of Kentucky. The case involved two county clerks suing MERS, its parent company… Read more »

Kentucky Counties Sue MERS and Banks for Recording Fees

Posted by & filed under 2012, Kentucky, Recording-fee litigation.

In Boyd County, et al. v. MERSCORP, Inc., 0:12-cv-00033-HRW (Apr. 19, 2012) several counties in Kentucky brought a lawsuit against MERS and several Banks for lost recording fees. On August 7, 2012, the U.S. District Court for the Eastern District of Kentucky issued a stay of action pending the result of Christian County Clerk v. Mortgage… Read more »

Kentucky Attorney General Sues MERS for Recording Fees

Posted by & filed under 2013, Kentucky, Recording-fee litigation.

In Commonwealth of Kentucky v. MERS Holdings, Inc., L3-CI-00060 (Jan. 23, 2013), the Kentucky attorney general filed a lawsuit against MERS seeking recording fees, claiming that it wrongfully held itself out as mortgagee on recorded mortgages, deceptively failed to record mortgage assignments, deceptively brings foreclosure actions, and lacks standing to bring foreclosure actions. This suit… Read more »

Pennsylvania Court Denies MERS Motion to Dismiss and Rules that a Recorder of Deeds May Bring a Quiet Title Action to Compel MERS to Record Mortgage Assignments

Posted by & filed under Downstream litigation, Pennsylvania, Recording-fee litigation.

In Montgomery County, Pennsylvania v. MERSCORP, INC., No. 11 CV 6968, 2012 WL 5199361 (E.D. Pa. Oct. 19, 2012), the court denied MERS’s motion to dismiss because 21 Pa. Stat. 351 requires recordation of all conveyances and because the “Legislature intended to create the quiet title claim” to enforce 21 Pa. Stat. 351. The Montgomery… Read more »

Arkansas District Court Dismisses Recording Fee Case

Posted by & filed under 2012, Arkansas, Downstream litigation, Recording-fee litigation.

In Brown v. Mers, No. 11-cv-06070 (W.D. Ark., 2012), the Arkansas District Judge dismissed a recording-fee lawsuit filed against MERS and held that state laws do not require mortgage assignments to be recorded. The case had transformed into a class action suit alleging that mortgage assignments were made without the payment of transfer fees to… Read more »

Court Dismissed Claim of Violation of the Nevada False Claims Act

Posted by & filed under 2012, Downstream litigation, Nevada, Recording-fee litigation.

In State of Nevada, ex rel. Barrett Bates, et al. v. Mortgage Electronic Registration System, Inc., et al., No. 11-16310 (9th Cir. 2012) (unpublished),  the Court of Appeals for the federal court of Nevada affirmed the lower court’s decision to dismiss the plaintiff’s claim. The plaintiff alleged the defendants violated Nevada’s False Claims Act, which… Read more »