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.
I am pleased and proud to have contributed to this litigation as Nancy Becker, Recorder of Deeds’, expert.
…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 COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIAMONTGOMERY 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-6968MERSCORP, INC., and MORTGAGE :ELECTRONIC REGISTRATION SYSTEMS, :INC., ::Defendants. :MEMORANDUM AND ORDERJOYNER, J. June 30, 2014…….In addition, Plaintiff has produced reports from two of itsproposed expert witnesses with experience in forensic analysis ofchain of title issues and real estate law – Marie T. McDonnelland Charles W. Proctor, III. Ms. McDonnell reported on heranalysis of a MERS mortgage for a residential property inMontgomery County which was originated with Countrywide HomeLoans, 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 thatshould have been recorded with the Montgomery County Recorder ofDeeds, that the MERS Milestones data was incomplete and incontradiction to the securitization deal documents, and thattitle to the property had been corrupted by MERS’ failure torecord 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