King, Nieves & Zacks is pleased to announce that Dustin Zacks‘ latest work has been published in the Banking & Financial Services Policy Report. After reading Dustin’s previous works on Mortgage Electronic Registration Systems, Inc. (“MERS”), the editor-in-chief of the Banking & Financial Services Policy Report invited Dustin to produce further scholarship to be published in the Report. Dustin’s previous research into MERS has been cited by the Supreme Court of the State of Washington, by law professors at the University of California-Berkeley and the University of California-Davis, and he has lectured attorneys nationwide about MERS-related litigation issues.
The new essay, entitled Revenge of the Clerks, can be downloaded by clicking here. The essay describes how county clerks and qui tam litigants around the country are challenging MERS’s effects on property recording practices in newly filed lawsuits seeking large amounts of monetary damages. While many academic and popular press articles describe MERS’s role in foreclosure litigation and in the deterioration of the transparency of public records, Dustin’s new essay is the first scholarly account of this newly burgeoning risk to MERS’s manner of business.