Macon County, Ill. v. MERSCORP, Inc.

Dist. Ct. did not err in granting defendants’ motion to dismiss plaintiffs-Counties’ action seeking declaration that Illinois statute (765 ILCS section 128) required that every assignment of mortgage be recorded. Under Union County, 735 F3d 730, said statute does not require that any mortgage be recorded, and thus recording of any mortgage assignments made by defendant was optional. Ct. rejected plaintiff’s claim that defendants’ refusal to pay recording fees, where promissory notes associated with recorded mortgages were transferred to third-parties, constituted unjust enrichment to defendants.