Judge Guts Counties' Filing Fee Suit Against Merscorp, BofA

Law360, New York (December 13, 2012, 11:02 PM EST) -- A Texas federal judge on Thursday granted a motion by Merscorp Inc., Bank of America NA, Stewart Title Co. and others to strike classwide allegations in a suit by three Texas counties claiming the companies submitted fraudulent mortgage records to avoid county filing fees.

Judge Reed O'Connor cited a recent federal appeals court decision in ruling that the requirements for Texas counties to retain counsel would make any class of counties an "opt-in" class, which is prohibited under federal law. 

"In the present case, only the...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.