MONTGOMERY COUNTY, PENNSYLVANIA, RECORDER OF DEEDS v. MERSCORP, INC. et al

Filing 119

MEMORANDUM ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS DENIED IN ITS ENTIRETY AND PLAINTIFF'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART. FURTHER INFORMATION OUTLINED HEREIN. SIGNED BY HONORABLE J. CURTIS JOYNER ON 6/30/2014. 7/1/2014 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MONTGOMERY 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,
v.
MERSCORP, INC., and MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC.,
Defendants.

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CIVIL ACTION
NO. 11-CV-6968

ORDER

AND NOW, this

30th

Day of June, 2014, upon

consideration of the Motion for Summary Judgment of Defendants,
Merscorp, Inc. and Mortgage Electronic Registration Systems, Inc.
(collectively “MERS Defendants”) (Doc. No. 66) and Plaintiff’s
Cross-Motion for Partial Summary Judgment (Doc. No. 80) and the
parties’ further Memoranda of Law in Support and in Opposition,
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).

BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER,

J.