5:14 PM » Ninth Circuit Court of Appeals Upholds Two Rulings in MERS' Favor
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Tue, Sep 18 2012 5:14 PM
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MERS
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Nevada Real Estate Agent Bates Losing Streak Grows to Six Losses FOR IMMEDIATE RELEASE Jason Lobo Phone: 703.652.1661 Email: jasonl@mersinc.org Reston, Virginia, September 19, 2012 -MERSCORP Holdings, Inc. today announced that a three-judge panel of the United States Court of Appeals for the Ninth Circuit recently affirmed dismissals of two False Claims Act (FCA) suits against Mortgage Electronic Registration Systems, Inc. (MERS) and other defendants in Nevada and California. Nevada resident and real estate agent Barrett R. Bates appealed both U.S District Court losses. In State of Nevada, ex rel. Barrett Bates et al. v. MERS et al. , U.S. District Judge Robert C. Jones dismissed Bates' suit filed under the Nevada False Claims Act, which alleged that the defendants made false representations in naming MERS as a beneficiary in recorded mortgage documents to avoid paying recording fees. Here, the Appellate Court Panel agreed with the dismissal and held that because "Defendants had no 'obligation' to record assignments or other documents relating to securing property, Bates failed to state a claim of liability" under Nevada law. The same Appellate Court Panel also affirmed a lower court ruling against Bates in Barrett Bates, State of California ex rel. v. MERS et al. , in a FCA suit. During the district court proceedings, Bates claimed that during the course of his work as a realtor in 2009 he discovered that the defendants were making false statements, again to avoid recording fees. He reasoned that because of this discovery, he could file suit under the California False Claims Act (CFCA). "In ruling on the motions to dismiss, the district court reasoned that because Bates's allegations 'are substantially similar to information already in the public domain,' his action is barred by the CFCA," the Panel ruled. "Because Bates has failed to demonstrate that the district court erred in dismissing his claims as jurisdictionally...