Ohio Mers – Decision on Motion to Dismiss
Posted On:
|
Author:
|
|
Ohio MERS – Decision on Motion to Dismiss
In 2011, the Geauga County Prosecutor filed a Class Action lawsuit in the Geauga County Common Pleas Court on behalf of all Ohio counties against a number of banks, and MERS Corp., Inc., claiming that they engaged in a scheme to provide for assignment of mortgages through a MERS registration system, upon sale of a mortgage loan, and failing to record the mortgage assignments, purportedly required by Ohio law. Our firm represented one of the banks named as a Defendant in the case. The case was removed to the U.S. District Court for the Northern District of Ohio, but that Court determined that the case should be referred back to the Geauga County Common Pleas Court.
After the Plaintiffs amended their Complaint, all of the Defendants jointly moved to dismiss the Class Action Complaint (which had 5 counts) asserting (i) there is no requirement in Ohio law to record a mortgage assignment; (ii) the County had no standing to allege any harm; and (iii) the County could not support an unjust enrichment claim.
Judge Forrest Burt agreed with all three arguments of the banks and MERS Corp. and on May 17, 2016 dismissed the Amended Class Action Complaint. The Decision is one of many recently issued by courts around the country dismissing claims against banks and MERS Corp., finding, as Judge Burt did, that there is no duty to record a mortgage assignment and therefore the County did not lose recording fees.
If you would like to know more about this case or defending class actions, feel free to contact the litigation team lead by Dale H. Markowitz. The Decision is available by clicking on the link, and is captioned State of Ohio ex rel. James Flaiz, et al., vs. MERSCORP, Inc., et al., Case No. 11M001087.
Recent Articles
Categories
- Arbitration
- Best Lawyers in America
- Business Law
- Business Litigation
- Chardon Attorneys
- Chardon Lawyers
- Charity
- Class Action Lawsuits
- Cleveland Attorneys
- Cleveland Lawyers
- Construction Law
- Contract Law
- Court Cases
- Criminal Law
- Defense Attorneys
- Defense Verdicts
- Divorce Attorney
- Divorce Law
- Divorce Lawyers
- Divorce Process
- Employer Liability
- Employment Lawyers
- Estate Planning
- Family Law
- Family Law Attorney
- FMLA Eligibility
- Insurance Coverage
- Insurance Law
- Lawsuits
- Legal Advice
- Mineral Rights Lawyer
- News
- Ohio Oil and Gas
- Ohio Super Lawyers
- Oil & Gas Law
- Oil & Gas Update
- Oil and Gas Attorneys
- Personal Injury
- Personal Injury Lawyers
- Practice News
- Real Estate Lawyers
- Trial Lawyers
- Workers Compensation
- Zoning Lawyers
Archives
- January 2021
- December 2020
- September 2020
- May 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- May 2019
- June 2018
- April 2018
- February 2018
- December 2017
- July 2017
- June 2017
- March 2017
- December 2016
- November 2016
- October 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- February 2014
- November 2013
- September 2013
- August 2013
- June 2013
- May 2013
- April 2013
- March 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- May 2012
- April 2012
- January 2012
- December 2011
- May 2011
- February 2011
- December 2010
- October 2009
- June 2009
- May 2006