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 mortgageservicingnews.com.