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Dallas v. MERS

Dallas v. MERS

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Published by A. Campbell
Amended Complaint
Amended Complaint

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Categories:Types, Research
Published by: A. Campbell on Jan 17, 2013
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01/17/2013

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P
LAINTIFFS
 
F
OURTH
A
MENDED
C
OMPLAINT
Page 1
 
IN THE UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF TEXASDALLAS DIVISIONDALLAS
 
COUNTY,
 
TEXAS
;
 
HARRIS
 
COUNTY,
 
TEXAS
;
 
and
 
BRAZORIA
 
COUNTY,
 
TEXAS
,
 
Plaintiffs,
 v.MERSCORP,
 
INC.
;
 
MORTGAGE
 
ELECTRONIC
 
REGISTRATION
 
SYSTEMS,
 
INC.
;
 
and
 
BANK
 
OF
 
AMERICA,
 
NATIONAL
 
ASSOCIATION
,Defendants.
C
IVIL
A
CTION
N
O
.
 
3:11-
CV
-02733-O
PLAINTIFFS’
FOURTH AMENDED COMPLAINT
 TO
 
THE
 
HONORABLE
 
JUDGE
 
OF
 
THE
 
COURT:COME NOW Dallas County, Texas; Harris County, Texas; and Brazoria County, Texas(collectively,
“Plaintiffs”)
, complaining of MERSCORP HOLDINGS, INC. (f/k/a MERSCORP,Inc.); MORTGAGE ELECTRONIC REGISTRATON SYSTEMS, INC.; and BANK OFAMERICA, NATIONAL ASSOCIATION
(collectively, “Defendants”), and would show the
Court as follows:
I.STATEMENT OF CLAIMS
 1.
 
Defendants are members of the mortgage finance industry. Defendants haveviolated and continue to violate Texas statutory and common law by:
Case 3:11-cv-02733-O Document 215 Filed 12/17/12 Page 1 of 54 PageID 10934
 
 
P
LAINTIFFS
 
F
OURTH
A
MENDED
C
OMPLAINT
Page 2
 
a.
 
recording, causing to be recorded, or approving therecording of instruments which falsely state that Mortgage
Electronic Registration Systems, Inc. (“M
ERS
”)
has a lienupon or interest in real property
1
which MERS does nothave, with the intent to cause MERS to be indexed as a
Grantee
” in the
Statutory Grantor/Grantee Indexesmaintained by Plaintiffs;b.
 
recording, causing to be recorded, or approving therecording of instruments which falsely state that MERS hasa lien upon or interest in real property
2
which MERS doesnot have, with the intent to cause MERS to be indexed as a
Grantor
” in the
Statutory Grantor/Grantee Indexesmaintained by Plaintiffs; andc.
 
releasing, transferring, assigning, or taking other actionrelating to an instrument that is filed, registered, orrecorded in the office of the county clerk without filing,registering, or recording another instrument relating to theaction in the same manner as the original instrument wasrequired to be filed, registered, or recorded.2.
 
Each Defendant was an active participant in the misconduct alleged herein.
1
 
 E.g.
, December 12, 2011 Deed of Trust, Dallas County Clerk’s Office Record No.
201100329165 at 2
(Appendix at 1, hereinafter “App. at ____”)
. MERS is falsely identified asthe
“beneficiary.” Plaintiffs’ claims relate to every instance in which MERS is identified in an
instrument in a capacity as a party receiving a lien upon or interest in real property.
2
 
 E.g.
, MERS has been variously falsely identified by MERS’s members as the “Lender 
,
December 31, 2010 Deed of Release, Dallas County Clerk’s
Office Record No. 201000334223(App. at 21)
, “holder of Note and Lien
, December 23, 2010 Transfer of Lien, Dallas County
Clerk’s Office Record No. 2D11XXl3l4692
(App. at 22
), “the legal a
nd equitable owner and
holder” of the note December 23, 2010 Release of Mortgage, Dallas County Clerk’s Office
Record No. 201000334689 (App. at 23), or otherwise denominated as a party to the note orpayee thereunder for the purpose of causing MERS to be i
ndexed as a “Grantor” in the Plaintiffs’Statutory Grantor/Grantee Indexes. MERS is none of these. Plaintiffs’ claims relate to every
instance in which MERS is identified in an instrument in a capacity as a party transferring orreleasing a lien upon or interest in real property.
See also Release of Lien, Harris County Clerk’s
Office Record No. 20110000149 (App. at 244).
Case 3:11-cv-02733-O Document 215 Filed 12/17/12 Page 2 of 54 PageID 10935
 
 
P
LAINTIFFS
 
F
OURTH
A
MENDED
C
OMPLAINT
Page 3
 
II.PARTIES
3.
 
Plaintiffs are Dallas County, Texas; Harris County, Texas; and Brazoria County,Texas.4.
 
Defendant MERSCORP HOLDINGS, INC. f/k/a MERSCORP, INC.
(“MERSCORP”) is a Delaware corporation.
3
 
Plaintiffs’ claims against MERSCORP arise out of MERSCORP’s business activities in Texas, including Dallas County, Texas.
MERSCORP hasbeen properly served with citation and has appeared.5.
 
Defendant MORTGAGE ELECTRONIC REGISTRATON SYSTEMS, INC.
(“
MERS
”)
is a Delaware corporation and wholly-owned subsidiary of Defendant MERSCORP.
Plaintiffs’ claims against MERS arise out of MERS’
s business activities in Texas, includingDallas County, Texas. MERS has been properly served with citation and has appeared.6.
 
Defendant BANK OF AMERICA, NATIONAL ASSOCIATION (“BOA”) is a
Delaware corporation
. Plaintiffs’ claims against BOA arise out of BOA’s business activities in
Texas, including Dallas County, Texas. BOA has been properly served with citation and hasappeared.
III.JURISDICTION
 
AND
 
VENUE
 7.
 
Subject matter jurisdiction herein is based upon 28 U.S.C. § 1332(d)(2)(A)because the amount in controversy exceeds the sum or value of $5,000,000, exclusive of interestand costs, and this is a class action in which at least one member of the class is a citizen of a statedifferent than at least one defendant. Subject matter jurisdiction herein is based upon 28 U.S.C. §
3
On February 22, 2012, MERSCORP, Inc. filed a
Certificate of Ownership and Merger 
 with the Secretary of State of the State of Delaware documenting the merger of MERSCORPHoldings, Inc. into MERSCORP, Inc., with MERSCORP, Inc. remaining as the survivingcorporation under the name of MERSCORP Holdings, Inc.
Case 3:11-cv-02733-O Document 215 Filed 12/17/12 Page 3 of 54 PageID 10936

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