SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
OCWEN LOAN SERVICING, LLC,
Plaintiff,
v.
FIDELITY INFORMATION SERVICES,
LLC,
Defendant
COMPLAINT FOR:
(1) FRAUD AND DECEIT;
(2) NEGLIGENT
MISREPRESENTATION;
(3) VIOLATION OF CALIFORNIA
BUSINESS AND PROFESSIONS
CODE SECTION 17200, ET SEQ.;
(4) BREACH OF CONTRACT;
(5) UNJUST ENRICHMENT; and
(6) DECLARATORY RELIEF
DEMAND FOR JURY TRIAL
NATURE OF THE CASE
1. FIS was retained to conduct a two-year review of Ocwen’s loan servicing practices
in June 2015, at a budgeted-cost of $44.8 million. Throughout the engagement, FIS made
fraudulent or negligent misrepresentations in its monthly invoices to Ocwen about the services
FIS claims to have performed and the expenses FIS claims to have incurred. Whenever Ocwen
questioned the legitimacy of FIS’s invoices, or confronted FIS about their increasing enormity,
FIS reiterated its misrepresentations that the hours and expenses reflected on the invoices were
legitimately worked and incurred. By continuing to represent to Ocwen that its invoices were
legitimate, FIS induced Ocwen to continue to pay millions of dollars for work that was not
performed. FIS did so because it was incentivized to, and because it perceived that it had free
reign to lie to Ocwen without consequence.
2. Ocwen is a mortgage loan servicer subject to regulation in California by the
California Department of Business Oversight (“California DBO”). After raising concerns about
certain of Ocwen’s servicing practices for California loans, the California DBO ordered Ocwen to
undergo a 24-month independent servicing review. The California DBO selected FIS to conduct
the review, with Ocwen bearing the cost, subject to a letter of engagement with FIS (the “LOE”).
3. To secure the engagement, FIS had proposed a budget of $44.8 million to conduct
the 24-month review, which was to include a loan-by-loan review of 50,000 loan files for
California loans serviced by Ocwen.
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