While I am no fan of MERS, I don't understand how the Recorders or Register of Deeds have standing in these types of actions. They do not have standing to represent the title owners of real estate, nor is there a vested interest in collection of fees for assignments that were never recorded. The fees for recording are generally used to pay costs to house and maintain these records. If the assignments aren't recorded, then there is no cost to the Office of the Recorder. If and when the assignments are recorded, then the Recorders will charge and earn the fees. The AG can bring an action (at least in Ohio) under the authority of consumer protection, but I am just not clear how Recorders can bring an action to earn fees for documents that are never recorded. Can anyone shed some light on this issue?