A shorthanded Pennsylvania Supreme Court has ruled that state law does not impose a mandatory duty to record mortgages or mortgage assignments in a county office for the recorder of deeds.

With Justices Max Baer, Debra Todd and Sallie Updyke Mundy all recused from the matter, the remaining members of the high court ruled 3-1 in Merscorp v. Delaware County, Pennsylvania, Recorder of Deeds to affirm a ruling by the Commonwealth Court en banc in favor of Merscorp, a private electronic registry of real estate transfers. The ruling tossed out a lawsuit filed by Delaware, Chester, Bucks and Berks counties and their respective recorders of deeds (referred to collectively by the Supreme Court as “the recorders”).

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