FILED
M.D. Appeal Dkt. 10/31/2017
67 2017 Supreme Court
Middle District
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
MERSCORP, INC. N/K/A MERSCORP : No. 384 MAL 2017
HOLDINGS, INC.; MORTGAGE :
ELECTRONIC REGISTRATION : Petition for Allowance of Appeal from
SYSTEMS, INC.; BANK OF AMERICA, : the Order of the Commonwealth Court
N.A.; CITIMORTGAGE, INC.; CITIBANK, :
N.A.; CREDIT SUISSE FINANCIAL :
CORPORATION; EVERHOME :
MORTGAGE COMPANY; JP MORGAN :
CHASE BANK, N.A.; STATE FARM BANK :
F.S.B.; WELLS FARGO BANK, N.A.; :
SOVEREIGN BANK; HSBC BANK USA, :
N.A.; HSBC FINANCE CORPORATION; :
GATEWAY FUNDING DIVERSIFIED :
MORTGAGE SERVICES, L.P. N/K/A :
FINANCE OF AMERICA MORTGAGE :
LLC; CUSTOMERS BANCORP, INC.; :
CUSTOMERS BANK; THE BANK OF :
NEW YORK MELLON; THE BANK OF :
NEW YORK MELLON TRUST :
COMPANY, N.A.; DEUTSCHE BANK :
NATIONAL TRUST COMPANY; :
DEUTSCHE BANK TRUST COMPANY :
AMERICAS; SANTANDER BANK, N.A. :
F/K/A SOVEREIGN BANK, N.A.; AND :
TRIDENT MORTGAGE COMPANY, L.P., :
:
Respondents :
:
v. :
:
DELAWARE COUNTY, PENNSYLVANIA, :
RECORDER OF DEEDS, BY AND :
THROUGH THOMAS J. JUDGE, SR., IN :
HIS OFFICIAL CAPACITY AS THE :
RECORDER OF DEEDS OF DELAWARE :
COUNTY, PENNSYLVANIA; FREDERICK :
C. SHEELER, IN HIS OFFICIAL :
CAPACITY AS RECORDER OF DEEDS :
IN AND FOR THE COUNTY OF BERKS, :
PENNSYLVANIA; THE OFFICE OF THE :
RECORDER OF DEEDS IN AND FOR :
THE COUNTY OF BERKS, :
PENNSYLVANIA; THE COUNTY OF :
BERKS, PENNSYLVANIA; JOSEPH J. :
SZAFRAN, IN HIS OFFICIAL CAPACITY :
AS RECORDER OF DEEDS IN AND FOR :
THE COUNTY OF BUCKS, :
PENNSYLVANIA; THE OFFICE OF THE :
RECORDER OF DEEDS IN AND FOR :
THE COUNTY OF BUCKS, :
PENNSYLVANIA; THE COUNTY OF :
BUCKS, PENNSYLVANIA; RICHARD T. :
LOUGHERY, IN HIS OFFICIAL :
CAPACITY AS THE RECORDER OF :
DEEDS IN AND FOR THE COUNTY OF :
CHESTER, PENNSYLVANIA; THE :
OFFICE OF THE RECORDER OF DEEDS :
IN AND FOR THE COUNTY OF :
CHESTER, PENNSYLVANIA; AND THE :
COUNTY OF CHESTER, :
PENNSYLVANIA, :
:
Petitioners :
:
:
ORDER
PER CURIAM
AND NOW, this 31st day of October, 2017, the Petition for Allowance of Appeal is
GRANTED. The issues, as stated by petitioners, are:
(1) Whether the Commonwealth Court erred in ruling that Respondents may
systematically evade Pennsylvania's land recording statutes, including 21
P.S. § 351, and not record many thousands of conveyances in the Offices
of the Recorders of Deeds across the Commonwealth?
(2) Whether the Commonwealth Court erred in ruling that Recorders of Deeds
and Counties do not possess standing or a right of action to pursue claims
against Respondents that have deliberately engaged in a course of
conduct that undermines the public land recording system and is without
precedent in the long history of Pennsylvania's recording laws?
[384 MAL 2017] - 2