COMPLAINT | JIM FULLER, CLERK OF THE COURT, DUVAL COUNTY, FLORIDA vs MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, MERS
Full complaint below...
From the report earlier in the week...
Some very interesting spin in this one from MERS spokesperson Janis Smith.
“The MERS System is not a legal system of record or a replacement for
public land records. No interests are transferred on the system—they
are only tracked,” Smith, Merscorp vice president of corporate
communications, wrote in a response to emailed questions. “MERS does
not have or maintain any document recording system, public or private,
and does not do anything to compete with or supplant the public records
for land located in the County records.”
She then goes on to say…
MERS is the true owner of the mortgage, and is not, in the complaint’s
words, a “straw man” placeholder listed in public records.“The ‘owner of
the loan’ is the party who has possession of the promissory note, but
the promissory note is not, and has never been, and is not required to
be disclosed or filed in the public records”
Florida Clerk, Delaware AG Sue MERS
County and state officials are turning up the heat on MERS, as recent lawsuits filed in Florida and Delaware challenge the validity and accuracy of the mortgage industry-controlled loan registry.
The most recent lawsuit was filed by a county clerk in Florida, and seeks class action status to represent the state’s 67 counties. The complaint alleges the use of MERS does not comply with state property laws and has cost municipalities millions in unpaid recording fees.
Jim Fuller, the clerk of Duval County, filed suit against Merscorp Inc.
and its wholly owned subsidiary, Mortgage Electronic Registration Systems, Inc., on Oct. 31, claiming civil conspiracy, unjust enrichment, as well as fraudulent and negligent misrepresentation. The suit also seeks a hearing to determine the validity of tracking note transfers on the MERS System and a court injunction to prohibit the use of MERS in Florida.
“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, filed in state circuit court, reads.
Merscorp spokesperson Janis Smith said the suit’s allegations are inaccurate and false.
You can check out the rest here…
Full complaint below...