Nev AG Catherine Cortez Masto

In case you were wondering whether Nevada’s indictment of a couple Lender Processing Services employees on robo-signing charges would be the end of the fraud prosecutions, with a Lynndie England-like prosecution of the low-level grunts and not the higher-ups, you can wonder no more. Today, Nevada’s Attorney General, Catherine Cortez Masto, filed suit against LPS itself for document fraud.

The lawsuit, filed on December 15, 2011, in the 8th Judicial District of Nevada, follows an extensive investigation into LPS’ default servicing of residential mortgages in Nevada, specifically loans in foreclosure. The lawsuit includes allegations of widespread document execution fraud, deceptive statements made by LPS about efforts to correct document fraud, improper control over foreclosure attorneys and the foreclosure process, misrepresentations about LPS’ fees and services, and evidence of an overall press for speed and volume that prevented the necessary and proper focus on accuracy and integrity in the foreclosure process.

“The robo-signing crisis in Nevada has been fueled by two main problems: chaos and speed,” said Attorney General Masto. “We will protect the integrity of the foreclosure process. This lawsuit is the next, logical step in holding the key players in the foreclosure fraud crisis accountable.”

And notice that Masto doesn’t say the last step. LPS did commit the document fraud. But they did it on behalf of mortgage servicers. So you can figure out the next step up the chain here. Masto is closing in on the big banks in a similar fashion as Martha Coakley did in Masachusetts.

LPS stands accused of a “pattern and practice of falsifying, forging and/or fraudulently executing foreclosure related documents.” Nevada is a non-judicial foreclosure state, so these documents typically were the ones sent to county recording offices. But they were used as the basis for the foreclosure, and the documents were indeed fraudulent. So these are wrongful foreclosures, and thousands of them. The suit alleges that LPS forced employees to notarize up to 4,000 of these fraudulent documents every day. To get this done, they demanded their employees engage in forgery, to keep up the speed on the document processing, and they had their employees notarize documents without knowing the underlying material or without even witnessing the original signing, which is the purpose of notarization.  [cont’d.]

And LPS lied about this, time and again, attributing the irregularities to “clerical errors” or other back office mistakes. Instead, this was policy. They cut corners to maximize profits and emphasize speed. And that included illegal document fraud.

Masto alleges other violations in the suit, including a kickback scheme whereby Nevadans paid for “attorney’s fees” that went right back to LPS. And by the way, this is not some fly-by-night organization; LPS is the industry leader in providing document processing for foreclosures. They do over half of all the foreclosure documents in the country. And nobody should believe that this sweatshop type of atmosphere was somehow limited to Nevada.

Masto asks in the suit for $5,000 per violation (remember they signed thousands of fraudulent documents every day) and $12,000 per violation if it was directed against an elderly or disabled person. Masto also wants a special monitor to “ensure that deceptive documents and practices are corrected and improper foreclosures are remediated.”

The 39-page complaint is available here. It’s an extensive lawsuit based on reams of evidence and personal testimony. LPS stock is down 16% today.