Editor: David Reiss
Brooklyn Law School

December 6, 2012

New York Supreme Court Holds that County Clerks Have a Statutory Duty to Record and Index Mortgages

By Gloria Liu

In Merscorp, Inc. v. Romaine, 861 N.E.2d 8 (NY S. Ct., 2002), court had to decide whether the Suffolk County Clerk  was compelled to record and index mortgages, assignments of mortgage and discharges of mortgage, which name MERS as the lender’s nominee or mortgagee of record. The court held that the clerk does have a statutory duty to record and index instruments affecting real property.

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