On June 30, Judge Joyner denied the Defendants’ motion for summary judgment in its entirety and granted in part Plaintiff’s motion for partial summary judgment.
The Court ordered that Declaratory Judgment be entered in favor of the Plaintiff and against the Defendants. This order means that MERSCORP, INC. is obligated to create and record documents memorializing the transfers of promissory notes secured by mortgages in Pennsylvania for all such transfers past, present and future with the Recorder of Deeds office. The Court further declared that MERS Defendants’ failure to document and record these transfers is, was and will in the future be, in violation of the Pennsylvania Recording Statute.
In addition, the Judge Joyner’s ruling declared that Defendants’ failure to create and record documents memorializing such transfers is, was and will in the future be, in violation of the Pennsylvania Recording Law. The Court found that the issue of damages as a consequence of Defendants’ violations should be addressed at trial. The Court declined to enter summary judgment on Plaintiff’s unjust enrichment claim and left it to be decided at trial because it found that the record had not been sufficiently developed on that issue.