SUPREME COURT OF ALABAMA
SPECIAL TERM, 2013
___________________
1111370
____________________
Ex parte MERSCORP, Inc., and Mortgage Electronic
Registration Systems, Inc.
PETITION FOR WRIT OF MANDAMUS
(In re: Nancy O. Robertson, in her official capacity as
Probate Judge of Barbour County, on behalf of herself and
all others similarly situated
v.
MERSCORP, Inc., and Mortgage Electronic Registration
Systems, Inc.)
(Barbour Circuit Court, CV-11-900078)
____________________
1111567
____________________
Ex parte U.S. Bank National Association
PETITION FOR WRIT OF MANDAMUS
(In re: Walker County, on behalf of itself and all other
similarly situated Alabama counties,
and Rick Allison, Walker County Probate Judge
v.
U.S. Bank National Association)
(Walker Circuit Court, CV-12-46)
MURDOCK, Justice.
Before us are two petitions for a writ of mandamus
seeking review of orders denying motions to dismiss the
actions based on the alleged lack of standing by the
plaintiffs and, in turn, the alleged lack of subject-matter
jurisdiction of the trial courts and seeking an order
requiring the trial courts to grant the motions to dismiss.
We have consolidated the petitions for the purpose of issuing
one opinion, because the issues raised in the two petitions
are identical.
In case no. 1111567, U.S. Bank National Association
(“U.S. Bank”), the defendant below, petitions this Court for
a writ of mandamus requiring the Walker Circuit Court to
dismiss an action filed by Walker County (“the County”) on
behalf of a putative class of all Alabama counties similarly
situated to Walker County in relation to U.S. Bank and seeking
declaratory, injunctive, and monetary relief. In case no.
1111370, MERSCORP, Inc. (“MERSCORP”), and Mortgage Electronic
Registration Systems, Inc. (“MERS”) (hereinafter referred to
collectively as “the MERS defendants”), petition this Court
for a writ of mandamus requiring the Barbour Circuit Court to
dismiss an action filed by Barbour Probate Judge Nancy O.
Robertson, in her official capacity, on behalf of a putative
class of all probate judges in Alabama, also seeking
declaratory, injunctive, and monetary relief. We deny the
petitions.
[…]
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Marilyn Lane’s’ post at the SEC on the abominable banking system must be read