Complaint | Boyd County v MERS – 14 Kentucky Counties Sue Mortgage Electronic Registration Systems
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY
BOYD COUNTY, ex rel Phillip Hedrick, County Attorney of Boyd County, Kentucky, BREATHITT COUNTY, ex rel Brendon Miller, County Attorney of Breathitt County, Kentucky, CARTER COUNTY, ex rel Patrick Flannery, County Attorney of Carter County, Kentucky, CHRISTIAN COUNTY, ex rel Michael Foster, County Attorney of Christian County, Kentucky, CLARK COUNTY, ex rel Brian Thomas, County Attorney of Clark County, Kentucky, FLOYD COUNTY, ex rel Keith Bartley, County Attorney of Floyd County, Kentucky, FRANKLIN COUNTY, ex rel Rick Sparks, County Attorney of Franklin County, Kentucky, GREENUP COUNTY, ex rel Michael Wilson, County Attorney of Greenup County, Kentucky, JOHNSON COUNTY, ex rel Michael Endicott, County Attorney of Johnson County, Kentucky, LETCHER COUNTY, ex rel Jamie Hatton, County Attorney of Letcher County, Kentucky, MAGOFFIN COUNTY, ex rel Greg Allen, County Attorney of Magoffin County, Kentucky, MASON COUNTY, ex rel John Estill, County Attorney of Mason County, Kentucky, PIKE COUNTY, ex rel Howard Keith Hall, County Attorney of Pike County, Kentucky, WARREN COUNTY, ex rel Amy Milliken, County Attorney of Warren County, Kentucky,
on behalf of themselves and all others similarly situated,
MERSCORP, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., MERSCORP HOLDINGS, INC., AMERICAN LAND TITLE ASSOCIATION, BANK OF AMERICA, CCO MORTGAGE CORPORATION, JPMORGAN CHASE BANK, CITIMORTGAGE, INC., CRE FINANCIAL COUNCIL, AS SUCCESSOR TO COMMERCIAL MORTGAGE SECURITIES ASSOCIATION, CORELOGIC, CORINTHIAN MORTGAGE CORPORATION, EVERHOME MORTGAGE COMPANY, FEDERAL HOME LOAN MORTGAGE CORPORATION (“FREDDIE MAC”), FEDERAL NATIONAL MORTGAGE ASSOCIATION (“FANNIE MAE”), FIRST AMERICAN TITLE INSURANCE CORP., GMAC RESIDENTIAL FUNDING CORPORATION, BBVA COMPASS BANCSHARES AS SUCCESSOR TO GUARANTY BANK, HSBC FINANCE CORPORATION, MERRILL LYNCH CREDIT CORPORATION, MGIC INVESTOR SERVICES CORPORATION, MORTGAGE BANKERS ASSOCIATION INC., NATIONWIDE ADVANTAGE MORTGAGE COMPANY, PMI MORTGAGE INSURANCE COMPANY, STEWART TITLE COMPANY, SUNTRUST MORTGAGE, INC., UNITED GUARANTY CORPORATION, WELLS FARGO BANK, N.A., LENDER PROCESSING SERVICES, INC., AND RECONTRUST, N.A.
Kentucky’s public policy for accurate, transparent, and current land records makes it a criminal offense to file records that are forged, are groundless or contain material misstatements. Kentucky law further provides that instruments missing complete and accurate information regarding the person preparing the instrument and the address information of a person receiving an interest in the property by way of the instrument should not be received or permitted to be recorded. Defendants have participated in a scheme utilizing material misstatements of interests in mortgages filed in Kentucky and Plaintiffs no longer intend to receive such instruments for recording.
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