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Court of Appeals Upholds Recording of MERS Mortgages

By Stewart E. Sterk
January 31, 2007

In Matter of Merscorp, Inc. v. Romaine, decided last month, the Court of Appeals resolved the long-standing dispute between the Suffolk County Clerk's office and participants in an electronic mortgage registration consortium. In one of the first opinions by recently appointed Judge Eugene Pigott, the court held that the County Clerk is required to accept for recording mortgages and satisfactions in the name of MERS (Mortgage Electronic Registration Systems, Inc.) even though MERS itself holds no interest in those mortgages.

The MERS System

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