State of Nevada v. Mortgage Electronic Registration System, Inc.

Citation:
State of Nevada, ex rel. Barret R. Bates v. Mortgage Electronic Registration System, Inc., No. 11-16310 (9th Cir. Sept. 17, 2012) (Not for Publication)
Tag(s):
Ruling:
Because the defendants had no "obligation" to record assignments or other documents relating to securing property, Bates failed to state a claim of liability under NFCA section 357.040(1)(g).
Procedural context:
The Ninth Circuit Court of Appeals AFFIRMED the District Court's ruling that Bates failed to state a claim under Rule 12(b)(6).
Facts:
Plaintiff Barret R. Bates, a realtor, filed suit under the Nevada False Claims Act ("NFCA") against several defendants, including Mortgage Electronic Registration System, Inc. ("MERS") on behalf of the Nevada counties.
Judge(s):
Schroeder, Callahan, and Korman

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