MERS, BofA Shake Texas Counties' Mortgage Records Suit

Law360, New York (March 5, 2014, 7:51 PM EST) -- A Texas federal court on Tuesday axed the remaining claim in three Texas counties' suit against Merscorp Holdings Inc. and Bank of America Corp. over allegations the companies defrauded the counties through their mortgage registration practices.

U.S. District Judge Reed O’Connor said in a 24-page opinion that Dallas, Harris and Brazoria counties are not entitled to declaratory relief under the federal Declaratory Judgment Act because the law does not create a substantive cause of action.

The judge had previously ruled that Section 192 of Texas law,...
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