[Publisher’s Note: If you aren’t familiar with the issues surrounding the extensive mortgage fraud over the past few years, I suggest you check out a book called “Clouded Titles” by Dave Kreiger. If you have bought or sold any property in the past decade or so, what you don’t know could hurt you.]
COMMISSIONERS COURT HIRES MALOUF & NOCKELS, LLP
August 19, 2013 (Williamson County, TX) – On August 13, 2013, the Williamson County Commissioners Court approved a contract with Malouf & Nockels, LLP to represent the County in the prosecution of a lawsuit against Mortgage Electronic Registration Systems, Inc. (MERS), MERSCORP, Inc., Bank of America, National Association, and those acting in concert with them in claims arising out of the Defendants’ recordation or failure to record instruments related to promissory notes and/or mortgage obligations on real estate located in Williamson County. The Commissioners Court approved Malouf & Nockels, LLP to represent Williamson County as lead counsel together with the Williamson County Attorney’s Office which will be co-counsel on the case. The suit seeks injunctive relief to compel the Defendants to cease the practices of filing documents incorrectly naming MERS as a beneficiary and to compel MERS to records transfers among members with the County Clerk’s Office, together with a monetary recovery for lost recording fees. The contract with Malouf & Nockels, LLP is a contingency contract, meaning that Malouf & Nockels, LLP are only paid fees and costs out of a monetary recovery, if there is a monetary recovery for Williamson County against the Defendants. Malouf & Nockels, LLP currently represents Dallas, Harris and Brazoria Counties in a similar suit pending in federal court in Dallas,Texas.
Pursuant to prior Commissioners Court approval, Williamson County together with Cameron County recently filed a motion to intervene in the currently pending lawsuit by Nueces County against the same Defendants in the United States District Court for the Southern District of Texas – Corpus Christi Division.