Lance R. Pomerantz
Attorney at Law

Land     Title     Law

“Constructive Notice”  The  Newsletter

Excerpted from the November 17, 2011 mailing of "Constructive Notice":

Criminal Charges Against "Title Officers"

The Office of the Nevada Attorney General has announced the return of a 606-count indictment against two employees of Lender Processing Services, Inc ("LPS") in connection with the execution of hundreds of “Notices of Default“ and “Deeds of Trust.”
The charges include 1) notarization of signature of a person not in presence notary public (a gross misdemeanor), 2) offering a false instrument for filing or recording  (a felony) and 3) "false certificate to certain instruments" (also, a felony).  These charges are said to be “Technological Crimes” under Nevada law.  One of the remedies available following conviction for a “Technological Crime” is the forfeiture of “property which was derived from, realized through, or used or intended for use in the course of a technological crime.”  Both defendants are California residents.
The AG’s press release refers to the employees as “title officers,” although the indictment itself does not mention their status.  You can read the press release here. And, if you need a nap, you can read the indictment here.  LPS has responded to the indictments through a media release where it acknowledged that “some of these documents were flawed” but "did not result in a wrongful foreclosure."
Another interesting aspect of this case is that both defendants are only charged with aiding and abetting the crimes.  The indictment does not charge the individual notaries public who purportedly “forged and willfully falsely certified" the instruments in question.
If you’d like to read more, you can check out these reports in the Jacksonville Business Journal or the Brevard Times.