Herkimer County New York is refusing to recognize the validity of MERS assignments and satisfactions, informing filers that the documents do not meet legal requirements for assignments and satisfactions under New York law.

Herkimer County is still recording the MERS documents.  But according to letters from Herkimer County Clerk Sylvia M. Rowan sent out to filers, documents purporting to assign or satisfy MERS mortgages are now being indexed with the notation "minute"-- a catchall category indicating a generic document relating to the mortgage-- instead of being indexed with the notation "assigned" or "discharged".

Rowan's letters cite language in Section 321 of  New York's Real Property Law as the reason for the change.  The statute states that recorders are to record a mortgage document as an assignment or discharge only when a mortgagee or their assignee has executed the assignment or satisfaction document.  MERS, as a nominee of the mortgagee does not meet that criteria, according to the letters.

Copies of the letters are posted on the Nationwide Title Clearing website indicate that Herkimer County's new indexing policy regarding MERS has been in effect since at least July 26th.

Herkimer County is located between Syracuse and Albany in upstate New York and has a population of about 65,000.