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Deed of Clerks Sues MERS

April 24, 2014

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MONTGOMERY COUNTY, PENNSYLVANIA,
RECORDER OF DEEDS, by and through
Nancy J. Becker in her official
capacity as Recorder of Deeds of
Montgomery County, on its own
behalf and on behalf of all others
similarly situated,

Plaintiff,

v.
MERSCORP, INC., and MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC.,

Defendants.

CIVIL ACTION
NO. 11-CV-6968

MEMORANDUM AND ORDER
JOYNER, J. April 21, 2014

Now before this Court is the Motion of Defendants Merscorp, Inc. and Mortgage Electronic Registration Systems, Inc. (the MERS Defendants) for Summary Judgment that 21 P.S. 351 is Unconstitutionally Vague As Applied to them. For the reasons which follow, the motion is DENIED.

History of the Case

This case was filed in November, 2011 by Nancy Becker, who is the Recorder of Deeds for Montgomery County, Pennsylvania, on behalf of herself and all other similarly situated Pennsylvania County Recorders of Deeds. The gravamen of Ms. Becker’s MONTGOMERY COUNTY, PENNSYLVANIA, RECORDER OF DEEDS v. MERSCORP, INC. et al Doc. 108 Dockets.Justia.com complaint is that by creating and maintaining a private, membersonly registry for recording and tracking conveyances of interests in real property, the MERS Defendants have violated Pennsylvania state law requiring that such conveyances be recorded in county recorder of deeds offices – specifically 21 P.S. §351. On behalf of herself and the class, Plaintiff seeks not only monetary relief for what she submits are Defendants’ negligent and willful violations of the foregoing statute but declaratory and injunctive relief as well.

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