Ramsey and Hennepin counties are suing a Virginia-based national home mortgage registry, alleging that they've lost potentially millions because the company failed to record mortgage transfers with the counties as required, they claim, under state law.
Ramsey County Attorney John Choi said that the 69-page civil action, filed Friday in Ramsey County District Court on behalf of all Minnesota counties, sends a clear message that MERS -- Mortgage Electronic Registration Service Inc. -- "can no longer do this at the public's expense."
The joint county lawsuit is just the latest in a series of similar suits filed across the country against MERS, a private entity set up in the 1990s by large national lenders to make it faster and cheaper to buy, sell and transfer mortgage interests.
By skirting the recording process, the counties say, MERS has made a hash of the chain of ownership in property records and cost them significant revenue in recording fees.
Choi could not say just how much revenue the counties have lost. But Prentiss Cox, a University of Minnesota law professor who specializes in consumer protection and has prosecuted mortgage lending cases, said the figure easily could be in the tens of millions of dollars.
Janis Smith, vice president of parent company Merscorp Holdings, said in a statement that there was no merit to the counties' claims and that MERS lists its mortgages in county records and pays required fees.
"MERS complies with Minnesota property recording statutes. ... We will defend against this complaint, as we have with others," she said.
A federal district court in Missouri last month dismissed a suit against MERS filed by Jackson County because, the court said, Missouri law didn't mandate the recording of mortgage assignments.