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MERS Defeated in Montgomery County, PA

July 2, 2014

This landmark decision handed down on June 30, 2014 by the Honorable J. Curtis Joyner of the U.S. District Court for the Eastern District of Pennsylvania is stunning in its scope and clarity.

...it is hereby ORDERED that Defendants’ Motion is DENIED in its entirety and Plaintiff’s Motion is GRANTED IN PART as outlined in the preceding Memorandum Opinion.

IT IS FURTHER ORDERED that Declaratory Judgment is hereby entered in favor of Plaintiff and against Defendants such that Defendants’ are declared to be obligated to create and record written documents memorializing the transfers of debt/promissory notes which are secured by real estate mortgages in the Commonwealth of Pennsylvania for all such debt transfers past, present and future in the Office for the Recording of Deeds in the County where such property is situate.

IT IS STILL FURTHER ORDERED AND DECLARED that inasmuch as such debt/mortgage note transfers are conveyances within the meaning of Pennsylvania law, the failure to so document and record is violative of the Pennsylvania Recording Statute(s).

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, : CIVIL ACTION
:
v. :
: NO. 11-CV-6968
MERSCORP, INC., and MORTGAGE :
ELECTRONIC REGISTRATION SYSTEMS, :
INC., :
:
Defendants. :
MEMORANDUM AND ORDER
JOYNER, J. June 30, 2014

.......
In addition, Plaintiff has produced reports from two of its proposed expert witnesses with experience in forensic analysis of chain of title issues and real estate law - Marie T. McDonnell and Charles W. Proctor, III. Ms. McDonnell reported on her analysis of a MERS mortgage for a residential property in Montgomery County which was originated with Countrywide Home Loans, Inc. in June, 2005, was securitized in late August, 2005, sold at least three times and foreclosed in March, 2013. (See, Plaintiff’s Exhibit “G,” pp. 3-5). Throughout the process, Ms. McDonnell found that there were five missing assignments that should have been recorded with the Montgomery County Recorder of Deeds, that the MERS Milestones data was incomplete and in contradiction to the securitization deal documents, and that title to the property had been corrupted by MERS’ failure to record a complete chain of title. (Exhibit “G,” p.7).

Case 2:11-cv-06968-JCJ Document 118 Filed 07/01/14 Page 37 of 45.


------------------------------------
Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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