New York Court of Appeals
In the Matter of Merscorp., Inc., Respondents v. Edward P. Romaine, as Clerk of the County of Suffolk, Et…
December 19, 20068 N.Y.3d 90
Summary
The New York Court of Appeals affirmed that the Suffolk County Clerk must record and index MERS mortgages, as well as MERS assignments and discharge instruments, because the Real Property Law statutes impose a ministerial duty and the statutory language of §321(3) is satisfied by stating that an assignment is not of record. The Court relied on the plain meaning of the statutes and precedent that the clerk lacks authority to reject instruments that meet statutory requirements. The decision was accompanied by a dissent raising policy concerns about the MERS system and a concurrence emphasizing a narrow reading of the holding and suggesting legislative action.