[Occupymendocino] Fwd: Fwd: Register gets standing in PA MERS lawsuit
Agnes Woolsey
agnes at mcn.org
Thu Nov 1 18:00:02 PDT 2012
For a better understanding of the MERS fraud read this.
Agnes
-------- Original Message --------
Subject: Fwd: Register gets standing in PA MERS lawsuit
Date: Fri, 26 Oct 2012 10:55:24 -0700
From: Susan Harman <susanharman1 at gmail.com>
Reply-To: foreclosurepreventionzones at googlegroups.com
To: california-occupy-homes at googlegroups.com,
foreclosurepreventionzones at googlegroups.com
Begin forwarded message:
> Montco recorder of deeds can pursue litigation
>
> The federal court has upheld the Montgomery County Recorder of Deeds’
> right to sue an electronic mortgage registry company and banks doing
> business with that company for $15.7 million that she claims is owed
> to the county in recording fees.
>
> The court Friday issued a 36-page memorandum and order denying a
> motion by MERS, also known as Mortgage Electronic Registry System, and
> its participating banks to dismiss the lawsuit filed last year by
> Recorder of Deeds Nancy J. Becker.
>
> The court’s ruling, while not discussing the merits of the case,
> essentially states that Pennsylvania does have a law requiring that
> mortgage assignments be recorded with the recorder of deeds office and
> that the recorder of deeds has the right to bring legal action when he
> or she does not believe an entity is complying with the law.
>
> “This is one major hurdle that we have now leaped,” Becker said
> Monday. “Now, we can move forward on the issues.”
>
> MERS is a for-profit company that has set up a centralized database
> system of more than 60 million mortgage loans and 3,000-plus lending
> institution members across the country.
>
> Created by the real estate finance industry in 1995, the company
> eliminates the need to prepare and record assignments when trading
> residential and commercial mortgage loans, according to the company’s
> website.
>
> Prior to the creation of MERS, a lending bank would file an
> “assignment” with the county land records office when it sold that
> mortgage loan to another lending institution. Now, when MERS’ members
> file a mortgage with a county land recording office, it lists MERS as
> its nominee. When the loan is transferred or sold to another MERS
> member, it is done electronically through MERS and no additional
> paperwork or fees are required.
>
> Becker has said that, when these mortgage loans are transferred
> electronically, sometimes multiple times, through MERS and not filed
> in the county recorder of deeds office, “it makes it difficult, almost
> impossible sometimes” for property owners to determine what
> institutions are holding their mortgages.
>
> Becker also has estimated that Montgomery County alone has lost about
> $15.7 million in assignment fees because of the MERS assignments.
>
> Some 146,715 MERS mortgages have been recorded in her office from
> April 2004 through September 2011, according to Becker.
>
> MERS’ representatives repeatedly have denied Becker’s claims that its
> system undermines accurate land recording while also costing the
> county millions in assignment fees.
>
> The company said MERS is in compliance with the purpose and intent of
> state recording laws.
>
>
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