I just don't see how MERS is liable for recording fees on Assignments it DID NOT file. Should they have filed them (and paid the fee), I believe so. But the fact is that nothing was recorded, thus no fee was due. If the Assignments were legally required, I would think they should be ordered to file them and the obligation to pay the fees would arise at that time. Maybe that is what they are arguing, but it isn't really clear. It just appears to be that the Recorders in these types of suits are just asking for the fees as damages.
I see clients all the time who have un-recorded land contracts. Although those should be recorded, we don't see anyone claiming that the fee is due on those.
I guess the way I see is that if the Recorder did not record anything, they haven't earned a fee.
to post a reply:
login - or -
register