In the Matter of MERSCORP, INC., et al., Respondents,
v.
EDWARD P. ROMAINE, as Clerk of the County of Suffolk, et al., Appellants, et al., Defendant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 15, 2006.
Decided December 19, 2006.
Attorney(s) appearing for the Case
Cahn & Cahn, LLP, Melville (Richard C. Cahn and Daniel K. Cahn of counsel), for appellants.
Hiscock & Barclay, LLP, Buffalo (Charles C. Martorana and Samuel J. Burruano, Jr., of counsel), for respondents.
Bainton McCarthy LLC, New York City (John G. McCarthy of counsel), for Mortgage Bankers Association, amicus curiae.
Bainton McCarthy LLC, New York City (J. Joseph Bainton of counsel), for American Land Title Association, amicus curiae.
Kenneth M. Scott, Washington, D.C., and Kenton Hambrick, McLean, Virginia, for Federal National Mortgage Association and another, amicus curiae.
Meghan Faux, Brooklyn, Josh Zinner, Nina F. Simon, Washington, D.C., admitted pro hac vice, Seth Rosebrock, Washington, D.C., admitted pro hac vice, Fishman & Neil, LLP, New York City (James B. Fishman of counsel), Bromberg Law Office, P.C. (Brian L. Bromberg of counsel), April Carrie Charney, Jacksonville, Florida, admitted pro hac vice, Ruhi Maker, Rochester, Donna Dougherty, Rego Park, Dianne Woodburn, Diane Houk, New York City, Pamela Sah, Sara Ludwig, Oda Friedheim, Kew Gardens, Margaret Becker, Staten Island, and Treneeka Cusack, Buffalo, for South Brooklyn Legal Services and others, amici curiae.
Hamburger, Maxson, Yaffe, Wishod & Knauer, LLP, Melville (Richard Hamburger, David N. Yaffe and Eugene L. Wishod of counsel), for County Clerk of the County of Albany and others, amici curiae.
Judges ROSENBLATT, GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge CIPARICK concurs in result in a separate opinion; Chief Judge KAYE dissents in part in another opinion.
Court of Appeals of the State of New York.
OPINION OF THE COURT
PIGOTT, J.
We are asked to decide on this appeal whether the Suffolk County Clerk1 is compelled to record and index mortgages, assignments of mortgage and discharges of mortgage, which name Mortgage Electronic Registration Systems, Inc. the lender's nominee or mortgagee of record.
Petitioners, MERSCORP, Inc. and Mortgage Electronic Registration Systems, Inc. (collectively MERS), commenced this hybrid...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
