MERS wins dismissal of county recording fee case

[dixiegrrrrl]

"County clerks lack standing to sue Mortgage Electronic Registration Systems for recording fees on mortgage assignments, the U.S. Court for the Western District of Kentucky said this week."

http://www.housingwire.com/article/mers-wins-dismissal-county-recording-fee-case

More:
"The Christian County clerk in Kentucky brought suit against MERS and several banking defendants, claiming the electronic registry violated state recording statutes by allowing parties to avoid county mortgage-assignment fees each time a loan is transferred.

The district court dismissed the complaint, ruling for MERS on the grounds that county clerks lack standing to sue MERS over assignments not filed at the county clerk's office.

The court said the statutes that guide property recording fees give standing to parties with an interest in the property, but not county clerks."

So, can a homeowner be sued by a county clerk for avoiding fees if the clerks do not have standing to sue???

Who CAN sue on behalf of the county, then?

[Po_d Mainiac]

1. They should try again

only filing through the County Treasurer's authority, or the Commissioners

[Celebration]

3. +1

Try again.

[earthside]

2. "Standing"

I find this legal concept often used by judges to ensure that the "governing class", the one percent and well-connected corporations are protected from lawsuits from ordinary people or other 'activist' organizations.

[benld74]

4. This IS Kentucky,,,,,,,