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

For the Board of Directors