John Dalen champions a lawsuit

A Westminster businessman who has been fighting a bank’s attempt to foreclose on his home is spreading the word about a lawsuit that originated nearly 300 miles away. And John Dalen says if the plaintiffs succeed, it could mean money for Oconee County government. At a recent Oconee County Council meeting, Dalen handed out copies of a lawsuit that challenges the use by banks of an electronic system to register deeds that avoids paying deed recording fees to counties. The lawsuit, brought by Beaufort County officials, names atop its list of defendants the Merscorps Holdings, known as “MERS.” Dalen calls “MERS” a private deeded recording system created by banks and, that he says, deprives counties of recording fees. The suit was filed last year and, since that time, parties have argued which court, federal or state, should take jurisdiction. The result, according to an attorney for Beaufort County, is an agreement for South Carolina Chief Justice Jean Toal to assign the case to the newly-created South Carolina Business Court. That court was established this year by the state Supreme Court to hear cases with complex issues.