NAILTA joins PRODA and files Amicus brief in current litigation against MERS

National Association of Independent Land Title (NAILTA) has joined with the Pennsylvania Recorder of Deeds Association (PRODA) to file an Amicus brief on behalf of NAILTA and in support of the Montgomery County Recorder’s Office in their current litigation against MERS. Nancy Becker, Montgomery County Recorder and supporter of NAILTA, requested we file an Amicus with PRODA to support the position that all transfers be recorded in the County records to preserve the integrity of our countries land records. NAILTA’s attorney, Greg Happ, Esq. acted in consort with attorney(s) for PRODA, to prepare and complete this brief you now find attached. Gregory was assisted in preparation of this brief, and special recognition should be given to the  learned and supporting  legal talent which included Robert Franco, Esq., Robert Holman, Esq., Jeff Shank, Esq. and Craig Hillwig, Esq. These gifted attorneys assisted in preparing  this brief Pro Bono, i.e. at no cost to NAILTA and its members. NAILTA cautiously  anticipates the affirmation of the trial court’s previous ruling that assignments of Mortgages, Deeds of Trust must be recorded in the county where the property is situated is sustained on appeal.   A positive reaffirmation of the Trial Courts previous ruling against MERS and in favor the Recorder of Montgomery County, would be a welcome step in the preservation of our counties land records.   Anthony L. Affatati, Sr President For the Board of...

Kentucky sues MERS!

As reported at Source of Title: “County attorneys for 14 of Kentucky’s 120 counties have jointly filed a class action suit against MERS and dozens of MERS shareholders, including title industry organizations such as ALTA, First American, and Stewart.  The lawsuit accuses MERS of negligent and/or willful violation of Kentucky recording laws, fraud, unjust enrichment, and civil conspiracy.” For the rest of the article – click...

Louisiana Clerks of Court Sue MERS

In the continuing saga of fraud, racketeering and debauchery, the incorrigible MERS is once again in the news.  This time in the state of Louisiana.  Clerks of court in 30 of Louisiana’s 64 parishes have combined to file a lawsuit this week against 17 MERS member banks and financial institutions, alleging violations of federal racketeering statutes through the use of MERS to avoid recording fees. For the entire Source of Title article,...

New York AG Schneiderman sues MERS and banks over faulty foreclosures

In the latest of a flurry of under-the-wire lawsuits that seem to conflict with an imminent foreclosure fraud settlement, Eric Schneiderman, the Attorney General of New York and a co-chair of the federal task force looking into the residential mortgage-backed securities market, sued three banks for their use of the MERS electronic registry, which resulted in fraudulent foreclosure filings.  For the entire article, click...

MERS Sued in Florida

Duval County Florida County Clerk Jim Fuller, has filed a class action lawsuit against MERS on behalf of Duval County and other counties in Florida. The suit alleges that the bank-owned mortgage registry violates state laws and has cost local governments millions in unpaid recording fees. “MERS has usurped the rights and privileges of the Florida Clerks of Court by establishing, maintaining and inducing lenders to use its private recording system, which unlawfully interferes and competes with the public recording system,” the suit claims, according to a report in Mortgage Servicing News. The suit claims civil conspiracy, unjust enrichment, and fraudulent and negligent misrepresentation. MERS has refuted the allegations in the suit. Duval County, which contains Jacksonville Florida and many of its suburbs, is the 58th most populous county in the country out of over 3,000 counties nationwide, according to the 2010 census. Duval County is the first county in Florida to bring a lawsuit against MERS, but several other large counties in other states have filed suit or are reportedly actively considering suits. For more, see the full report on...