Lender Processing Services, Inc., a company which provides integrated technology, data, and analytics to the mortgage and real estate industries, responded to the civil complaint filed by the Nevada Attorney General against the company in December 2011, by filing a Motion to Dismiss.
In the company’s Motion to Dismiss, LPS makes clear that the Attorney General’s complaint contains significant legal defects which require the court to dismiss the complaint with prejudice. Perhaps most significantly, LPS points out that the Attorney General’s complaint fails to allege that any document executed by subsidiaries of LPS was incorrect, contained errors, or caused any borrower financial harm.
The Motion argues that Plaintiffs allegations of “robo-signing” and “surrogate signing” are simply not actionable under the Nevada Deceptive Trade Practices Act. Nevada statutory and common law are conclusive that neither activity is illegal, and legal activities are not permitted to be the basis of a consumer fraud claim. Signing of documents by an authorized agent (robo-signing) is expressly permitted. Similarly, surrogate signing is expressly permitted and, by definition, not forgery.
“LPS filed this Motion to Dismiss in response to the allegations made by the Nevada Attorney General,” said Hugh Harris, LPS president and chief executive officer. “Although we have to defend ourselves against allegations that we believe are untrue, we remain committed to working with the Attorney General’s office to resolve these matters.”
