9:30 AM » Florida Court Ruling Affirms MERS' Role as Mortgagee
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Tue, Feb 26 2013 9:30 AM
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Judge Rules Florida Law Uniformly Opposed to Plaintiffs' Claim FOR IMMEDIATE RELEASE CONTACT: Jason Lobo Phone: 703-652-1660 Email: jasonl@mersinc.org Reston, Virginia, February 26, 2013 - MERSCORP Holdings, Inc. today announced that Judge John C. Cooper of the State of Florida Circuit Court of the Second Judicial Circuit held "umerous courts have examined, and approved, the use of MERS as a mortgagee" and rejected a private citizen claim alleging violations of Florida False Claims Act (FCA). In State of Florida and the State of Florida through its Department of Revenue ex. rel. Barbara Stevens and Thomas Stevens v. MERS, et al. , Plaintiffs alleged MERS and its members made false statements when designating MERS as mortgagee on mortgages to avoid documentary stamp taxes. " Florida law is uniformly opposed to Plaintiffs' claim that designating MERS as a mortgagee is a false statement," Judge Cooper held. "Courts in Florida have heard, and rejected, numerous similar challenges to the designation of MERS as mortgagee." As a matter of state law, Judge Cooper noted that Plaintiffs cannot seek compensation through FCA because "Florida law vests exclusive authority for the 'control and administration' of many tax laws, including the Stamp Tax at issue here, in the Florida Department of Revenue," not the court system. The "Stamp Tax" is a single excise tax levied on either a promissory note or mortgage (but not both) evidencing a borrower's promise to pay. He further held that even if Plaintiffs' could bring their claim under FCA, it would fail because as a prerequisite to FCA claims, Plaintiffs must be an "original source" of the charges made in any suit. Similar charges against MERS, however, have already been disclosed in the public domain for many years and are, as a result, barred under the FCA statute. Judge Cooper further described that even if the...