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Tag Archives: MERS

Federal Court in Washington Dismisses Complaint Against MERS

The U.S. District Court for the Western District of Washington dismissed a three-count complaint against MERSCORP Holdings, Inc. (MERS) that alleged wrongful foreclosure and violations of the state's Deed of Trust Act (DTA) and Consumer Protection Act (CPA). In the case Zalac v. CTX Mortgage Corp., the plaintiff was never foreclosed on, and so the wrongful foreclosure claim was dismissed since an element of the claim was missing: a foreclosure sale.

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Court of Appeals Sides with MERS in Kentucky Recording Fee Suit

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit affirmed a U.S. District Court dismissal of a case against MERSCORP Holdings, Inc. (MERS) and 15 of its members. County clerks representing Christian and Washington County in Kentucky filed suit against MERS, alleging the defendants established MERS to allow members to avoid recording mortgage assignments and to evade paying recording fees to county clerks.

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Appeals Court Sides with MERS in Mortgage Assignment Case

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has affirmed, without hearing, an order dismissing claims against Mortgage Electronic Registration Systems, Inc. (MERS), according to a release from MERSCORP Holdings. [IMAGE] The appellate ruling affirmed a decision issued by District Judge David Alan Ezra of the District Court for Hawaii.

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Two Minnesota Counties File Suit Against MERS

Ramsey and Hennepin counties filed suit against Mortgage Electronic Registration Service, Inc. (MERS), alleging the company violated Minnesota law by not recording mortgage assignments at county recorders' offices and by not paying attendant recording fees, Ramsey County Attorney John Choi announced Friday. In a statement, MERS said it will defend against the complaint, announcing it has ""prevailed in similar recording fee cases in Kentucky, Florida, Iowa, Missouri, Hot Springs, Arkansas, and Union County, Illinois.""

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Judge Throws Out Missouri Recording Fee Lawsuit Against MERS

A U.S. district judge in Missouri has dismissed a recording fee suit filed by officials in Jackson County against Mortgage Electronic Registration Systems, Inc. (MERS), on the grounds that the county ""cannot enforce a nonexistent obligation."" Missouri is the fifth state in which judges have granted MERS' motions to dismiss similar recording fee lawsuits.

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Court Sides with MERS in Two Texas Cases

A Texas judge granted a motion to dismiss a case filed against Mortgage Electronic Registration Systems, Inc. (MERS), and its co-defendants over county recording clerk filing fees. The dismissal was MERS' second victory of the week in Texas. One day earlier, MERSCORP announced that the Supreme Court of Texas denied a borrower's petition for review.

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