March 26, 2013
Kentucky Attorney General Sues MERS for Recording Fees
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 … Continue reading
March 26, 2013 in Recording-fee litigation | Permalink | No Comments
March 13, 2013
MERS-Y! MERS-Y!
Dustin Zacks has posted Revenge of the Clerks: MERS Confronts County Clerk and Qui Tam Lawsuits, a short article that reviews litigation brought by “county clerks and private qui tam actions assert that MERS has cheated county recorders out of … Continue reading
March 13, 2013 in Recording-fee litigation | Permalink | No Comments
February 9, 2013
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
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 … Continue reading
February 9, 2013 in Recording-fee litigation | Permalink | No Comments
February 8, 2013
Arkansas District Court Dismisses Recording Fee Case
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 … Continue reading
February 8, 2013 in Recording-fee litigation | Permalink | No Comments
January 23, 2013
Court Dismissed Claim of Violation of the Nevada False Claims Act
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 v. Mortgage Electronic Registration System, Inc., et al., No. 11-16310 (9th Cir. 2012) (unpublished), the Court of Appeals for the federal court of Nevada affirmed the lower court’s decision to … Continue reading
January 23, 2013 in Recording-fee litigation | Permalink | No Comments
January 16, 2013
Class Action Recording Fee Suit in Missouri Dismissed
Jackson County, Missouri v. MERSCorp, Inc., et al., No. 12-0665-CV-W-ODS (W.D. Mo. Jan. 14, 2013) is a suit by Jackson County to recover lost recording fees resulting from the use of MERS. This suit is a class action law suit … Continue reading
January 16, 2013 in Recording-fee litigation | Permalink | No Comments
November 20, 2012
Federal District Court in Texas Rules That Third-Party Lacks Standing in Recording-Fee Case
It appears that although courts may be receptive to claims about lost recording fees because of MERS, they won’t hear cases brought by third parties (at least, not in federal court). The citizens of a Texas county brought the claim … Continue reading
November 20, 2012 in Recording-fee litigation | Permalink | No Comments
