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Nevada Judge Sanctions State AG In Robosigning Suit

jdsupra.com | February 16, 2014

By BuckleySandler LLP

On January 30, Nevada’s Clark County District Court ordered the State AG to pay attorneys’ fees in connection with a mortgage servicing vendor’s attempts to obtain discovery in the state’s case alleging the company facilitated fraudulent residential foreclosures, including through so-called “robosigning” tactics. Nevada v. Lender Processing Svcs., Inc., No. A-11-653289-B, (Nev. Dist. Ct. Jan. 30, 2014). The company asserted that the AG abused the discovery process by repeatedly failing to produce materials sufficient to support its claims under the Nevada Deceptive Trade Practices Act. The court rejected the AG’s defense, among others, that the alleged discovery deficiencies simply reflect disagreements between the parties over the evidence necessary to support a claim under state law. Although not a direct issue in this case, the company’s brief repeatedly calls out the AG’s use of outside counsel and notes a challenge to the AG’s use of an outside firm on a contingency fee basis, which is pending before the state supreme court.


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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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