They certainly do not sound like strong cases, and these two county recorders may even recognize that. But even if they can't win cases like this on the merits, it's just one more battle that MERS has to fight, and I think they believe that if enough people keep pecking away at MERS, it will fall. Then, they will get future fees for recordings on future transactions that they feel they have been missing out on.
And who knows-- the case might find its way into a court where the judge wants to make his or her own anti-bank statement.
Plus, these county recorders who have taken on MERS get their name in the press. If you're a county recorder, how many opportunities do you have to do something popular like taking on the big bad banks?
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