A county recorder in Pennsylvania will be able to pursue her county recording fee against the Mortgage Electronic Registration System, the U.S. District Court for the Eastern District of Pennsylvania ruled. The judge allowed a class-action suit filed on behalf of Pennsylvania county recorders to move forward on the grounds that state law requires the recording of all property conveyances and the legislature intends for plaintiffs to possess the right to try and enforce the statute.

“In addition to claiming that MERS’s failure to record assignments violated the recording statute, the plaintiff also asserted claims for civil conspiracy, unjust enrichment, and declaratory and injunctive relief,” according to a legal alert written by the Consumer Financial Services and Mortgage Banking Groups at Ballard Spahr.

The alert said that if the county recorder prevails, she will be able to collect the recording fees on any past, present, and future mortgage assignments MERS would be compelled to record.