Editor’s note:  In reference to the letter below

Black Knight Financial Services is an American corporation that provides integrated technology, services, data and analytics solutions to the mortgage and real estate industries. On January 3, 2014, Fidelity National Financial acquired Lender Processing Services “LPS”, renaming it Black Knight. Wikipedia

11/30/17

MN Attorney General Lori Swanson

445 Minnesota Street
Suite 1400
St. Paul, MN 55101-2131

Hello:

Under the Minnesota Data Practices Act § 13.01 et seq., I am requesting an opportunity to inspect or obtain copies of public records in order to obtain information about the LPS/Black Knight consent judgement and to demand answers why LPS is not in compliance with the judgement.

As you know, LPS/Black Knight was ordered to remediate forgeries and assignments and to notify people affected by the robo-signing of documents.  There is no indication this has been done.  There are approximately 2 million fraudulent documents in the public record that don’t appear to have been remediated by LPS.  Although LPS was to issue corrective assignments- there is no proof this was done.

If there are any fees for searching or copying these records, please inform me if the cost will exceed $_20.00. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of the MN Attorney General’s public support in combating the still prevalent overabundance of mortgage servicing, foreclosure and securitization fraud. This information is not being sought for commercial purposes.

I am looking specifically for these answers:

  1. Has your office been receiving quarterly compliance reports as required in the consent judgement?
  2. How many people in the state were impacted by LPS’s illegal practices to include fabricated notes and assignments, forged documents or unreliable documents created for the purpose of foreclosing?
  3. What percentage of the funds the state received from the consent judgement have been used to help citizens of the state? Please provide a distribution report of the allocation of these funds.
  4. Will future homebuyers be vulnerable if they discover their title is clouded by a prior fraudulent note, assignment, endorsement or allonge that was not remediated? Plans to remediate? How?
  5. How did the individual servicers comply with the consent judgement? What were their duties to comply?
  6. If you accepted money from the settlement, why was no follow-up done on the consent judgement to confirm that servicers and their attorneys were in compliance?
  7. Why are these fabricated documents still polluting the public records of this state?
  8. I hereby request copies of all quarterly reports and correspondence.

I would request a prompt response to this request.  If you expect a significant delay in responding to or in fulfilling this request, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please site each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you in advance.

Sincerely,

Tom Kibler

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