Judge dismisses Plymouth County mortgage recording lawsuit

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Judge dismisses Plymouth County mortgage recording lawsuit

Judge dismisses Plymouth County mortgage recording lawsuit

Can someone please overturn MERSCORP, INC. v. Romaine, 295 AD 2d 431 – NY?

Sioux City Journal-

A federal judge has dismissed a class-action lawsuit that claimed a national electronic mortgage registry company was enabling banks to avoid paying Iowa mortgage registration fees.

U.S. District Judge Mark W. Bennett said in his ruling, filed Tuesday, that Iowa law does not support the claims raised by Plymouth County Attorney Darin Raymond, who in March filed the lawsuit in U.S. District Court in Sioux City on behalf of all 99 Iowa counties against MERSCORP Holdings Inc., Mortgage Electronic Registration Systems Inc., known as MERS, and several large banks and mortgage companies.

Raymond had contended that MERS has allowed banks subscribing to the company’s service to skirt Iowa’s public information and recording laws by trading mortgages through an electronic registry that lists MERS as the mortgage holder, even though the banks are buying and selling the mortgages. The MERS electronic system tracks changes in ownership so that each buyer doesn’t have to record the transaction.

[Sioux City Journal]

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4 Responses to “Judge dismisses Plymouth County mortgage recording lawsuit”

  1. dani says:

    when judges side with law breakers that what you get
    shame on you judge

  2. nydeemarie says:

    Must be just us… because they don’t need no stinking evidence…

    New York Legislative Documents, Volume 39 (1919)

    § 612. Evidence of judgment creditor’s right to redeem. In order to entitle a creditor by judgment to redeem real property, as prescribed in this article, he must, when he redeems, file in the county clerk’s office, or deliver to the sheriff, as the case requires, the fallowing evidence of his right:

    1. A copy of the docket of the judgment, under which he claims the right to redeem, duly certified by the county clerk;

    2. Each assignment of the judgment, which is necessary to establish his right. An assignment so filed or delivered must be acknowledged or proved, and certified, in like manner as a deed to

    §§ 613-615 be recorded, or the execution thereof must be proved, by the affidavit of the creditor, or of a witness thereto; unless it has been filed, and entered [as prescribed in article third of title first of chapter eleventh of this actj, in the county clerk’s office, in which case, a certified copy thereof must be filed or delivered;

    3. An affidavit, made by him, or his attorney or agent, stating truly the sum remaining unpaid on the judgment, at the time of claiming the right to redeem. (Code of Civil Procedure, § 1464.)

    § 013. Evidence of mortgage creditor’s right to redeem. In order to entitle a creditor by mortgage to redeem real property, as prescribed in this article, he must, when he redeems, file in the county clerk’s office, or deliver to the sheriff, the following evidence of his right:

    1. A copy of the mortgage, under which he claims the right to> redeem, duly certified by the clerk or register of the county;

    2. Each assignment of the mortgage, which is necessary to> establish his right, acknowledged or proved, and certified, as prescribed in the last section for an assignment of a judgment, unless it has been recorded; in which case a certified copy of the record must be filed or delivered;

    3. An affidavit, made by him, or by his attorney or agent, stating truly the sum. remaining unpaid on the mortgage, at the time of claiming the right to redeem. (Code of Civil Procedure, § 1465.)

  3. nydeemarie says:

    oh boy…

    a copy of the mortgage(note being inseparable) duly certified…

    each assignment,

    ACKNOWLEDGED or PROVED, AND CERTIFIED, in LIKE MANNER AS A DEED TO BE RECORDED….

    Affidavit.. truly… yeah right..

    I think we’ve all been bamboozled….

  4. Mark Bowen says:

    No so in the state of Florida. Florida Statute 695.01 states that “No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law…”. Where are Florida’s County Clerks, and why have they not attacked the validity of MERS in a similar fashion? The answer is simple; the Florida Treasury is heavily invested in Mortgage Backed Securities, forcing the Judiciary to allow equity to be granted to the foreclosing parties regardless of all the frauds those parties have perpetrated on Florida’s courts which the complicit support of members of The Florida Bar, which include those judges and justices. Corruption is rife across the board and all three branches of Florida’s State and County governments are culpable for massive damages to citizens of the state. Oath’s of office be damned.

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