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MESSAGE FOR JIM

SU M M I TTHE

ENCOURAGING PEAK PERFORMANCE IN THE FIS PARTNERSHIP

FIS INFORMATION

FIS CONTACTS

CHAPTER 13 PROVIDES

RESPITE FOR DELINQUENT

HOMEOWNERS

EMPLOYEE SPOTLIGHT: MARK CARDENAS

Q2 INCENTIVE WINNERS

DID YOU KNOW?

PROPERTY INSPECTIONS

2007 ATTORNEY SUMMIT

SERVICE EXCELLENCE

HONORABLE MENTION

AWARD WINNERS

DEPARTMENT SPOTLIGHT:REFERRALS

EMPLOYEE ANNIVERSARIES

FIRM SPOTLIGHT: SHAPIRO

& SUTHERLAND

STATE YOUR CASE

ATTORNEY GUEST SEMINARS

TECHNOLOGY NEWS

PEAK PERFORMANCE

AWARD WINNERS

BY LINDSEY LESCH AND EMILY BRUCEIN THIS ISSUE

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The FIS Information Services family suffered asudden loss this August with the death of JimCoad, vice president of Onsite Operations atFIS Foreclosure Solutions. Jim was with ourcompany for more than seven years and workedclosely with each of our client offices across thecountry. Despite spending an inordinate amountof time traveling, Jim arrived at each office witha smile and energetic personality. Through histravels, Jim established friendships with FIS clients,attorneys, and employees alike – all of whomwill miss his presence. He touched countlessmore lives during his years of playing and coachingsports. Jim thoroughly enjoyed his job and teachingothers the value of hard work, sportsmanshipand teamwork, but his family was always his firstpriority. He spoke often of his wife and twosons. Jim was known for always having a smileon his face and a funny story to share.

“Jim was truly one of my closest friends and hewill be truly missed. When I think of Jim, hecan bring a smile to my face and tears to my

eyes. We spoke often about our families whiletraveling and he was very proud of his sonsand the young men they have become. He wasa friend to all who knew him in our industry.Everyone who knew Jim had the highestrespect for him. I will truly miss Jim but he willalways be in my heart.”

-Bill Newland, First Vice President Operations Jacksonville

“Jim was not only a colleague, but also a friendand mentor. His enthusiasm for solving problemsand tackling projects was boundless. A ‘go-to’guy within Foreclosure Solutions with unparalleledenergy and passion for his work, Jim workedhard, but also enjoyed his time outside of theoffice with friends and clients. Irish by heritage,Jim often wore a claddagh ring that symbolizeslove, friendship and loyalty. It’s hard to think of abetter symbol, as those three words epitomizeJim.”

-Chris Hymer, First Vice President Operations Minnesota

FIS employees took part in a “Coad Casual” Day to raise funds forthe Jim Coad Family Benefit Fund.

Above (L to R): Alfonzo Greene, Chris Hymer, Carlos Villalpando,Jeanelle Gray, Scott Walter, Chris Anderson, Zach Wolfe, RichardFarley and Shawn Lauby.

Right: Jim Coad at the 2007 FIS Foreclosure Solutions Attorney Summit.

October 2007 Volume 3 Issue 3

TH E SU M M I T A publication of FIS Foreclosure Solutions, Inc.

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FIS INFORMATION

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FIS Foreclosure Solutions, Inc. A Division of FIS Default Solutions

FIS Foreclosure Solutions, Inc. provides loan servicerswith single-source solutions for managing foreclosures,

bankruptcies and related matters on a nationwide basis.FIS Foreclosure Solutions, Inc. possesses the expertise

to help clients manage diverse loan procedures and credittypes, enabling clients to realize consistent pricing fordefault management services and reductions in the cost perloan serviced.

When clients refer a loanto local counsel through FISForeclosure Solutions, Inc., theloan timeline is managed untilresolution. Clients identify theunique requirements of theirportfolios and the loans areprocessed through FISForeclosure Solutions, Inc. toensure the most efficientoutcome. Internal timelimitations for key events are set and active monitoring isconducted to minimize the overall timeframe from referral toresolution. The loan-level data is reported to Fidelity NationalInformation Services, Inc. (FIS) partners on a daily basis usingFIS Desktop, a Web-based default management technology.

FIS Desktop is an industry-changing proprietaryenterprise application that provides users with a single pointof contact into technology-driven solutions, enabling clientsto streamline their processes and manage document andinvoicing needs online. This reduces timelines, mitigates riskand saves resources.

FIS Desktop Process Management (previously NewTrak)allows users to efficiently direct and deliver all relevantinformation, images and services from one secure, real-timeplatform. Reconciliation of third-party information is simplified

by utilizing a single, Web-based access point that bridges aclient's third-party service providers and FIS. This meansquicker processing and cost savings, as well as the virtualelimination of the risk of error.

Document Management (previously NewImage Express),FIS Desktop's end-to-end document imaging solution,essentially omits the need for paper by capturing, indexing,routing, archiving and retrieving documents through secure,

Web-based connections.This customized enterpriseapplication manages adocument's life cycle,from data extraction andelectronic generationthrough preset routingprotocols, ultimatelyautomating a company'sunique document structure.

FIS Desktop InvoiceManagement (previously NewInvoice) uses real-time, onlineservices with specialized modules to automate every aspectof the billing and invoicing processes. From presentment andprocessing to postpayment activities, Invoice Management'sautomation saves time and eliminates errors.

From referral to invoice, FIS Foreclosure Solutions, Inc.and FIS Desktop provide unique, money-saving solutionsfor the mortgage community.

FIS’ FIVE FUNDAMENTAL PRECEPTS

Autonomy and EntrepreneurshipBias for Action Employee OwnershipMinimize BureaucracyClose Customer Relationships

FLORIDA OFFICE

601 Riverside Ave.Building 5, Floor 3Jacksonville, FL 32204904.470.7700904.470.7800 fax

MINNESOTA OFFICE

1270 Northland DriveSuite 200Mendota Heights, MN 55120651.234.3500651.234.3600 fax

Both the Minnesota and Jacksonville FIS Foreclosure Solutions,Inc. offices enjoyed company picnics this summer. Minnesotaemployees gathered July 19 onsite to enjoy lunch, beautifulweather, badminton, bocce ball and more. They also lined up ata dunk tank for chances to soak several members of themanagement staff.

The Jacksonville office and their families ventured to thebeach for lunch and took part in activities that included aspirited water balloon toss, a three-legged race and a sandsculpture contest. Employees showed their FIS pride in thesand and took advantage of a few spare water balloons to cooleach other off.

FIS FORECLOSURE SOLUTIONS, INC. COMPANY PICNICS

Liquenda Allotey gets dunked atthe MN picnic.

Keri Gaber and her team withtheir prize-winning sand castle.

FORECLOSURE SOLUTIONS AND LPS MANAGEMENT

SCOTT BARNES FIS Foreclosure Solutions President and COO 904.470.7703LARRY DINGMANN SVP Division Counsel 651.234.3506STEVE GERTHS SVP Business Development 651.234.3504ED HILL SVP FIS LPS 281.827.2676JAMES IREDALE Chief Technology Officer, FIS LPS 904.470.7704LAURA MACINTYRE COO/Sr. Managing Director, FIS Desktop ™ 651.234.3511BARB NICKEL SVP Controller 651.234.3587

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VOLUME 3 ISSUE 3 THE SUMMIT

THE SUMMITThe Summit is published quarterly by theCustomer/Attorney Relations team for employees,clients and attorney firms in the FIS ForeclosureSolutions, Inc. partnership.

EDITOR

Lindsey Lesch

ASSISTANT EDITOR

Emily Bruce

STAFF PHOTOGRAPHERS

Margaret BowenKatherine Zorn

CONTRIBUTING AUTHORS*

Kimberly BurnetteAndrew Paisley

Kelly Sutherland

Do you want to be featured in next quarter’sissue of The Summit? We welcome all articles orcomments about your company/firm.** Tell usabout changes, improvements, legislation thataffects you – whatever you think will beinteresting to readers of The Summit! Thedeadline for submissions for the next issue isNovember 5.

We also welcome your photos (digital photosset to the highest resolution are preferred).Send comments, photos and story ideas to:

E-mail: [email protected]: 904.470.7831Fax: 904.470.7800

DOWNLOAD PREVIOUS ISSUES

CONTACT US!

CUSTOMER/ATTORNEY RELATIONSPOLINA BELINSKAYA 904.470.7881TERRI BOYETTE 904.470.7766EMILY BRUCE 904.470.7850KRIS HARVICK 904.470.7879CHRYS HOUSTON 904.470.7712LINDSEY LESCH 904.470.7831ANGELICA LOPEZ 818.257.5530MELINDA LOYD 903.355.0199GABBY MUKANDWA 904.470.7788MATTHEW ROGINA 904.470.7731HALEY SEABROOK 904.470.7935BRIDGETTE SMITH 904.470.7894KATHY THOMPSON 832.559.3989RYAN VOGT 904.470.7851KATHERINE ZORN 651.234.3723

This issue of The Summit is nowavailable for download on ourWeb site. Are you new to TheSummit audience? Please visit ourWeb site to access previousissues.

*The opinions expressed by contributingauthors are those of the authors and do notnecessarily reflect the opinions of FISForeclosure Solutions, Inc..

**FIS reserves the right to edit submissions for space constraints.

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http://thesummit.fndsportal.com

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THE

FIS FORECLOSURE SOLUTIONS, INC.

by Kimberly D. BurnetteWILSON & ASSOCIATES, PLLC

S U M

Chapter 13 bankruptcy can be a viable financialsolution for many homeowners facing foreclosure.

Foreclosures are up 35 percent from 2005 and occur ata ratio of about one for every 1,000 households, eventhough, during the last 10 years, Fannie Mae, FreddieMac and the VA have encouraged lenders to offer lossmitigation plans. It is simply more cost effective to helpa borrower stay in his home than to foreclose.Unfortunately, loss mitigationremedies, such as forbearanceagreements, short sales and loanmodifications, often fail. When lossmitigation efforts fall short and theforeclosure process begins, borrowersoften retain attorneys and end upfiling for bankruptcy. This is not cost-effective for lenders, but forborrowers, Chapter 13 bankruptcy isoften the simplest and most productive way for themto keep their homes and pay their other delinquentbills. Normally, an attorney helps debtors through theprocess, and in many states, bills can be paid eitherwith one check or by payroll deduction.

Even though the number of bankruptcy filings hasdecreased since the October 2005 implementation ofthe Bankruptcy Abuse Prevention and ConsumerProtection Act (BAPCPA), about 273,000 Chapter 13bankruptcy cases were filed in the 2006 fiscal year.Many of those cases were filed to avoid foreclosure.Because of liberal treatment by bankruptcy judges,

loans frequently remain delinquent for years. For thisreason, borrowers are allowed major benefits whenthey file bankruptcy that they would not get otherwise.

If a Chapter 13 plan proposes to cure a mortgagedelinquency, section 1322 (b)(5) of the BankruptcyCode allows a debtor to cure his debts “…within areasonable time.” However, nowhere in the Code isthe term reasonable time defined. The reported

bankruptcy decisions have shown thatjudges considering the issue of reasonabletime employ a flexible, case-by-caseapproach. Factors include the debtor’spayment record, the maturity date of themortgage, the reason for the arrearage, thedebtor’s ability to meet the obligations ofthe plan, the availability of the debtor’sdiscretionary income to cure a default, thetime over which the default has accrued

compared to the time within which it is to be curedand the debtor’s ability to continue current paymentson the installment obligations. Courts frequentlydetermine whether the debtors’ plans provide forpayments that are the most the debtors are able topay. The cases determining this reveal that debtors havea broad range of possibilities for repayment of

“DEBTORS HAVE A BROAD

RANGE OF POSSIBILITIES

FOR REPAYMENT OF

MORTGAGE ARREARAGES

WITHIN THE PERIOD OF

A CHAPTER 13 PLAN.”

KIMBERLY D. BURNETTE is an AssociatePartner at Wilson & Associates, PLLC,located in Little Rock, AK. Ms. Burnette isa member of the Arkansas Bar Association,the Debtor-Creditor Bar of CentralArkansas, Inc., and is the currentPresident of the Arkansas Association ofWomen Lawyers. Her area of practice ismortgage banking with a focus onbankruptcy law.

continued on next page

CHAPTER 13 BANKRUPTCY PROVIDES LONG RESPITEFOR DELINQUENT HOMEOWNERS

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VOLUME 3 ISSUE 3 THE SUMMITM I T

provides for curing the arrearage within a reasonabletime (Matter of Mendoza, 111 F.3d 1264; 11Tex.Bankr.Ct.Rep. 186, 1997).

Upon default of a debtor’s modified plan to curepostpetition arrearages, courts have the authority toinclude a drop-dead clause in an order filed after amotion for relief from automatic stay has been filed.This provision allows a creditor to exercise state lawremedies upon default (e.g., foreclosure). A debtor undera drop-dead provision must strictly comply withpayments to the Chapter 13 trustee or to the creditor,or the automatic stay may be lifted without furtherappearance before the court. However, even theseprovisions often allow for a notice of default to thedebtor’s attorney and an opportunity to cure again. If thedebtor has a prepetition arrearage at the time he filesbankruptcy, becomes delinquent postpetition, is allowedto modify his plan to cure the new arrearages, and failsagain, it is possible that he may have two or moreopportunities to bring the postpetition arrearages currentbefore the stay is lifted and foreclosure remedies begin.

Credit issues aside, if a homeowner who still hassome ability to make his mortgage payments wants tokeep the home, remedies exist for him to do so. Themost liberal is probably Chapter 13 bankruptcy. Thisdoes not even account for those who have filedbankruptcy more than once, some of whom haveabusively used the bankruptcy system to their advantage.Loss mitigation remedies are much more favorable tomortgage creditors than bankruptcy; nevertheless,creditors have learned over time to deal with andaccept this lenient method of home retention.

mortgage arrearages within the period of a Chapter13 plan.

Because the plan period for many debtors wasextended from three to five years under BAPCPA, thetime period for curing prepetition arrears can often befive years. In a recent case filed in Houston, thebankruptcy judge allowed a debtor to cure his prepetitionarrearages over five years, over the objection of thedebtor’s mortgage creditor (in re hence, 358 B.R. 294,Bankr. S.D. Tex, 2006). In making his decision, thejudge considered cases from many different courts andconcluded that debtors may have a broad range ofpossibilities for repayment of mortgage arrearageswithin the period of a Chapter 13 plan, “…providedthat the repayment of the arrearages occurs within a‘reasonable time.’”

Not only are debtors in Chapter 13 allowed to cureprepetition arrearages over a much longer period oftime than they would if they were not in bankruptcy,they are also often given leeway by the bankruptcycourts when they become delinquent postpetition. Thesame section of the Bankruptcy Code that pertains toprepetition arrearages, – section 1322 (b)(5) – also appliesto postpetition arrearages and allows a debtor to modifyhis bankruptcy plan to cure postpetition defaults.Debtors often do this either prior to the creditorfiling a motion to lift the automatic stay or after,pursuant to a settlement of the motion between thecreditor and debtor or by court order. The inquiry bythe bankruptcy court is the same with a postpetitiondefault as it is for a prepetition delinquency, namely,under 1322 (b)(5), whether the proposed modification

FIS. Two months later, in December 2003, Mark waspromoted to Referral team lead. He moved up to Referralsupervisor in February 2004, and became the CustomerSupport team manager of the Referral department inNovember of that year. This October, he will take on anew position as the Operations/IT Liaison on the ProjectManagement team. Throughout his progression with FIS,he has earned a reputation in both the Minnesota and

Florida offices as a pleasant individual tobe around.

While Mark works hard to ensure FIS’continued growth and productivity, he doestake pleasure in his time away from theoffice. He is a self-proclaimed MinnesotaPublic Radio freak and listens to MPR onhis rides to work with his wife, Malinda,who is a supervisor on the BankruptcyIssue Resolution team at FIS Foreclosure

Solutions, Inc. In addition to an intense weekly game ofTexas Hold ‘Em poker, Mark also has an unabashed lovefor science fiction and fills his Netflix movie queue withclassics such as Star Wars, Lord of the Rings and Monty Python.

Now, with two supervisors, Mark is passing on hisreferrals expertise and charming attitude to hisapprentices. Eric Tate, who will soon take over Mark’sposition as manager of the Referral group, has workedwith Mark for more than a year and accurately describeshim in 10 words: “Mark Cardenas has a talent forversatility, with a smile.”

Referral team manager Mark Cardenas is known forhis infectious laughter, upbeat personality and ability

to multitask. Cheerfully overseeing a staff of 18,including 10 employees who process more than 80,000referrals to local counsel monthly, Mark is also responsiblefor managing the transfer to local counsel of files thatproceed back into foreclosure from loss mitigation,assisting clients with service releases and participating inclient calls for both bankruptcy and foreclosure.

When Mark first began at FISForeclosure Solutions, Inc. as a temporaryemployee in the Referral department, theteam handled approximately 5,000 referralsmonthly. Though the number of associateson the team has stayed relatively small sinceMark began at FIS in October 2003, thevolume and variety of the workload havegrown significantly. Mark has found thisgrowth to be his most rewarding experience at FIS andattributes the team’s ability to handle the growth to itspartnership with, and support from, the FIS ForeclosureSolutions Inc. IT team.

“They are the only way we can handle that number ofreferrals. Nearly 82 percent of our referrals are automatednow, so only 18 percent are done manually,” Mark said.

Mark is also quick to mention that his team deservesrecognition for effectively handling such staggeringgrowth and said his favorite part of the job is workingwith his staff.

“I’ve been lucky,” Mark said. “I’ve been surroundedby people who are bright, people who are motivated –just good people. They make coming into work easy.”

Before Mark began at FIS, he worked for aninventory company based in Jackson, Miss., and Atlanta.As he was transitioning from Georgia to Minnesota, hewent to a staffing agency and landed a job in referrals at

EMPLOYEE SPOTLIGHT: MARK CARDENASby Emily Bruce

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“MARK CARDENAS HAS A

TALENT FOR VERSATILITY,WITH A SMILE.”


CO Aronowitz & Ford, LLPDE Young Conaway Stargatt & TaylorFL Gary I. Gassel, PAFL Daniel ConsuegraIA Dunakey & Klatt PCIN Bleecker Brodey & AndrewsKY Manley Deas Kochalski, LLC LA Shapiro and MentzME Shapiro & Morley, LLPMS Apperson, Crump, Duzane & Maxwell PLCMS Morris Law FirmMS Morris, Schneider & Prior, LLCNH Barron & Stadfeld, PCNH Shechtman Halperin Savage, LLPNJ Koury, Tighe, Lapres, Bisulca & SommersNJ McCabe WeisbergNY Jonathan D. PincusOH Shapiro & Felty, LLPOR Shapiro & Sutherland, LLCSC Roger, Townsend, and ThomasTN Apperson, Crump, Duzane & MaxwellTN Rodgers, Hill and KolarichVA Friedman & MacFadyen, PA

Q2 - 2007 WINNERS

FORECLOSURE

AZ Malcolm & CisnerosCO Robert J. Hopp & Associates, LLCDE Draper & GoldbergDE Whittington & AulgurFL Law Offices of Marshall C. WatsonID McCarthy & HolthusKY Nielson & SherryLA Shapiro and MentzMA Albritt & CharltonMD Friedman & MacFadyen, PAME Shapiro & MorleyMS Shapiro & Massey, LLP NE Kozeny & McCubbin, LLCNV Malcolm & CisnerosNV McCarthy & HolthusNY Rosicki, Rosicki & Associates, PCPA Goldbeck McCafferty & McKeeverPA McCabe Weisberg & ConwayPA Law Offices of Barbara A. FeinVA Friedman & MacFadyen, PAVA Shapiro & Burson, LLP

Q2 - 2007 WINNERS

BANKRUPTCY

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APR INCENTIVE WINNERSEach quarter, FIS Foreclosure Solutions, Inc.distributes financial incentive awards to the top 10performing firms in foreclosure and bankruptcy inthe form of $20 per billable file, with the next 10firms receiving $10 per billable file. To date, FIShas distributed over $436,000 to top performingfirms as quarterly incentive payouts.

DID YOU KNOW?Basic training sessions are held weekly for attorney firms using Process Management. The sessions are free of charge andopen to all offices with access to the application. Each session uses WebEx online conferencing and lasts approximately anhour and a half.

For more information: E-mail [email protected] or call Marc Wisdom at 904.360.4152.

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THE


now or hereafter erected on the property, and alleasements, appurtenances, and fixtures now orhereafter a part of the property. All replacements andadditions shall also be covered by the SecurityInstrument.” Paragraph 7 of the standard mortgagepermits the lender to pay “…for whatever is necessaryto protect the value of the Property and lender’s rightsin the Property.” Those sums become an “…additional

debt of Borrower secured by [themortgage or deed of trust].” This seemsto state that a mortgagee should be ableto charge the loan for property inspections.

Unfortunately, the language of thestandard mortgage provides bothspecific requirements and ambiguities. Itis clear that the lender must notify theborrower at or prior to the inspection,specifying the reasonable cause for the

inspection. The “shall” language in Paragraph 9 makesthis condition mandatory. However, it is not clearwhether this provision applies only to interiorinspections or if it also includes drive-by propertyinspections. Could a clever debtor’s lawyer argue that itapplies to both? It is a common rule of construction

We’ve heard the horror stories. It’s the middle ofwinter, and the pipes burst, ruining the house on

which a client is foreclosing. Maybe the windows havebeen broken and the furnace and toilets have beenremoved by either the owners or vandals. Perhaps thereis garbage piling up on the front porch, the grass iswaist-high and the city has commenced condemnationproceedings and is threatening to demolish the houseupon which the mortgage rests. It mayseem that mortgagees are helpless toprotect themselves.

Fortunately, that’s what propertyinspections are for. With a propertyinspection, the mortgagee pays someone todrive by the house to make a report,charging the loan $8 or $9 each time.Suppose the borrower files bankruptcyand the mortgagee’s attorney then files aproof of claim. Suppose the mortgagee provides areinstatement quote that sets forth $56 in propertyinspections. Is that permitted?

Paragraph 9 of many standard mortgages seems toallow for property inspections:

9. Inspection. Lender or its agent may make reasonableentries upon and inspections of the Property. Lender shallgive Borrower notice at the time of or prior to aninspection specifying reasonable cause for the inspection.

Property is a precise term. It is defined in the recitals ofthe mortgage as the land and “…all the improvements

ANDREW PAISLEY is a partner with theLaw Offices of John D. Clunk Co., LPAin Hudson, Ohio and Clunk, Paisley andAssociates, PSC in Georgetown, KY.

PROPERTY INSPECTIONSby Andrew PaisleyTHE LAW OFFICES OF JOHN D. CLUNK CO., LPA

“PARAGRAPH 9 OF

MANY STANDARD

MORTGAGES SEEMS TO

ALLOW FOR PROPERTY

INSPECTIONS.”

S U M

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that any ambiguities will be construed against thedrafter of the contract. Some standard mortgagesexpressly provide in a similar Paragraph 9 that thenotice requirement only applies to interiorinspections.

Debt collectors should, under the Fair DebtCollection Practices Act (FDCPA), be concerned ifany communication contains a claim for propertyinspections, unless the client can show that it providedthe mandatory notice contemplated byParagraph 9 of the mortgage. TheFDCPA prohibits “…unfair orunconscionable means to collect orattempt to collect any debt.” 15 U.S.C.§1592f. Unfair practices are defined toinclude “…the collection of anyamount (including any interest, fee,charge, or expense incidental to theprincipal obligation) unless suchamount is expressly authorized by the agreementcreating the debt or permitted by law.”

It is also possible that attempting to collect feesfor property inspections could violate 15 U.S.C.§1692e(2), which prohibits falsely representing “…thecharacter, amount, or legal status of any debt … orany services rendered or compensation which may belawfully received by any debt collector for thecollection of a debt.” State law may also come intoplay [e.g. Ohio Rev. Code §1321.57(H)].

Thus far, courts dealing with this issue appear tohave issued a pass to debt collectors. In a recent case,

the borrower sued a servicer under FDCPA, allegingseveral violations, including its attempt to collect forproperty inspections. The court, without any realanalysis or argument from the borrower, assumedthat charges for property inspections would be proper.This is explicitly stated in the court’s final judgment,issued on June 1, 2007, after bench trial. In denyingthe plaintiff ’s claim that the attempted collection ofproperty inspection fees was improper under the

FDCPA, the court seemed to focus ona failure of proof more than a realanalysis of the contractual language.Nevertheless, if challenged, these casescould support the imposition of feesfor property inspections.

Lenders are in a tough position ifthe property inspections are notperformed because there is a risk thatthe collateral may be abused.

Ultimately, caution should be exercised. Borrowersmay argue that property inspections are improper. Sofar, that has been a losing argument, but it may notalways be so. The argument could be pre-emptivelydefeated by either complying with the notice provisionor rewriting the provision.

One solution may be for the person making theproperty inspection to leave a preprinted notice withthe borrower. Another solution is to draft language tocure the ambiguity in Paragraph 9, perhaps requiringnotice only when an interior inspection is performed.In the meantime, forewarned is forearmed.

“LENDERS ARE IN ATOUGH POSITION

BECAUSE IF PROPERTYINSPECTIONS ARE NOTPERFORMED, THERE IS

A RISK THAT THECOLLATERAL MAY BE

ABUSED.”


DE Draper & GoldbergIA Petosa, Petosa & BoeckerIN Nelson & FrankenbergerKS Martin, Leigh, Laws & Fritzlen.MD Shapiro & BursonMI Orlans Associates MI Potestivo & Associates

PERFORMANCE EXCELLENCE AWARD

BANKRUPTCY

MO Martin, Leigh, Laws & FritzlenNH Harmon Law OfficesOH Manley Deas KochalskiOH The Law Offices of John D. Clunk Co.PA McCabe, Weisberg & ConwayVA Friedman & MacFadyenWI Gray & End


BANKRUPTCY CONT.

FIS Foreclosure Solutions’ 2007 Attorney Summit was agreat success, as more than 550 participants attended.

Those who joined us at the Marriott City Center indowntown Minneapolis enjoyed informative presentationsand panel discussions, a beautiful round of golf atLegends Golf Course and entertainment by formerSaturday Night Live star Kevin Nealon.

The golf tournament featured chances to win prizeson designated holes, including $20,000. No one won thecash prize, but for the first time in Attorney Summithistory, a golfer hit a hole-in-one on a designated prizehole. Robert Hoose from the Law Offices of John D.Clunk won the hole-in-one prize on hole five.

Next year’s Summit is in Jacksonville, Fla. for the firsttime. Guests will stay at the Sawgrass Marriott, minutesfrom the beaches and from some of Jacksonville’s bestdining and shopping. More information on next year’sAttorney Summit will be available in spring 2008.

PERFORMANCE EXCELLENCE AWARD Awarded to firms that earned a green rating for “Best inState,” according to Stage Performance measurements, for12 consecutive months in either bankruptcy or foreclosure. Winners are listed below and on the next page.

2007 ATTORNEY SUMMITby Emily Bruce

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ROOKIE OF THE YEARShapiro & Sutherland, LLC (OR)

SERVICE EXCELLENCE - BKShapiro & Burson, LLP (MD/VA)

SERVICE EXCELLENCE - FCCodilis & Associates, P.C. (IL)

(L to R) Scott Barnes (FIS) and KellySutherland (Shapiro & Sutherland).

(L to R) Scott Barnes (FIS) and JohnBurson (Shapiro & Burson).

(L to R) Scott Barnes (FIS) and GregMoody (Codilis & Associates).

ROOKIE OF THE YEAR AWARD Awarded to a firm with superior performance and service that hasbeen part of the FIS Foreclosure Solutions, Inc. AttorneyNetwork and receiving referrals for less than two years. OR Shapiro & Sutherland

SERVICE EXCELLENCE AWARD Awarded to firms with outstanding service scores that are selectedby the FIS staff. MD/VA Shapiro & Burson BKIL Codilis & Associates FCHonorable Mention winners are listed on pages 12 and 13.

SUMMIT AWARD - NEW!This prestigious award honors firms that earned a green rating for12 consecutive months in both bankruptcy and foreclosure.AR Mickel Law FirmCT Reiner, Reiner & BendettGA McCurdy & CandlerGA Morris, Schneider & PriorTX Hughes Watters Askanase UT Scalley Reading Bates Hansen & Rasmussen

NC Shapiro & IngleNM Little & DranttelNV National Default Servicing CorporationNY Jonathan D. PincusOK Shapiro & CejdaOR Shapiro & SutherlandRI Nicholas Barrett & Associates SC Rogers, Townsend & ThomasTN Apperson, Crump, Duzane & MaxwellTX Barrett Burke Wilson Castle Daffin &

FrappierTX Baxter & Schwartz TX Brice, Vander Linden & Wernick TX Brown & ShapiroTX Codilis & StawiarskiTX Mann & StevensWA Meridian Trust Deed ServiceWA Quality Loan Service Corp. WI Vollmar and Huismann WV Daniel J. Mancini and Associates WY Castle, Meinhold & Stawiarski


FORECLOSURE CONT.PERFORMANCE EXCELLENCE AWARD

FORECLOSURE

AK Regional Trustee ServicesAZ Tiffany & BoscoCA HousekeyCA Quality Loan Service Corp CO Aronowitz & FordFL Shapiro & Fishman GA Ellis, Painter, Ratterree & Adams GA McCalla, Raymer, Padrick, Cobb, Nichols

& ClarkGA Shapiro & SwertfegerIA Belin, Harris, Lamson & McCormickID Regional Trustee Services IL Dutton & Dutton IL Jaros, Tittle & O'Toole IN Bleecker Brodey and Andrews KS Shapiro & MockKY Lerner, Sampson & Rothfuss LA Dean Morris MA Korde & AssociatesMS Shapiro & MasseyMT Mackoff, Kellogg, Kirby & Klos

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SUMMIT AWARDHughes Watters Askanase L.L.P (TX)

SUMMIT AWARDMorris, Schneider & Prior, L.L.C. (GA)

SUMMIT AWARDReiner, Reiner & Bendett, PC (CT)

SUMMIT AWARDScalley Reading Bates Hansen &

Rasmussen, P.C. (UT)

SUMMIT AWARDMcCurdy & Candler, L.L.C. (GA)

SUMMIT AWARDMickel Law Firm, P.A. (AR)

(L to R) Scott Barnes (FIS) and CarolynTaylor (Hughes Watters Askanase).

(L to R) Scott Barnes (FIS) and JoelFreedman (Morris, Schneider & Prior).

(L to R) Scott Barnes (FIS) and Marlon Bates(Scalley Reading Bates Hansen & Rasmussen).

(L to R) Randall McHugh (Reiner, Reiner &Bendett), Scott Barnes (FIS) and Adam

Bendett (Reiner, Reiner & Bendett).

(L to R) Scott Barnes (FIS) and TonyDeMarlo (McCurdy & Candler).

(L to R) Lisa Buck (Mickel Law Firm) andScott Barnes (FIS).

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During the last year, 176 firms demonstrated exceptionally high “Service” scores in the APR for bankruptcy. All ofthese firms deserve “Honorable Mention.” The following firms earned a Service Excellence Honorable Mention Awardfor bankruptcy.

SERVICE EXCELLENCE HONORABLE MENTIONBANKRUPTCY

S U M

AL Sirote & PermuttAR Dyke, Henry, GoldshollAR Mickel Law Firm AZ Malcolm Cisneros CO Aronowitz & Ford CO Castle, Meinhold & Stawiarski CO Hellerstein & Shore CT Hunt Leibert & Jacobson CT Law Office of Martha Croog CT Reiner, Reiner & BendettFL Albertelli & Halsema FL Ben-Ezra & Katz FL Enrico Gonzales FL Marshall WatsonFL Popkin & Rosaler GA Ellis, Painter, Ratterree & AdamsGA McCalla Raymer GA Morris, Schneider & Prior GA Stites & Harbison IL Codilis & AssociatesIL Heavner, Scott, Beyers & Mihlar IL Jaros, Tittle & O'Toole IL Kluever and Platt IN Bleecker Brodey and AndrewsIN Feiwell & Hannoy IN Reisenfeld & AssociatesKS Kozeny & McCubbin KS Shapiro & Reid KS South & Associates KY Lerner, Sampson & Rothfuss KY Reisenfeld & AssociatesLA Dean Morris

MD Bierman, Geesing & Ward MD Cohn, Goldberg & Deutsch MD Friedman & MacFadyenMD Shapiro & Burson

MI Fabrizio & BrookMI Orlans Associates MI Potestivo & Associates MI Trott & Trott MN Murnane Brandt MN Shapiro, Nordmeyer & Zielke MN Usset & Weingarden MO Kozeny & McCubbin MO Martin, Leigh and Laws MO Millsap & Singer MO Sandberg, Phoenix and

Von GontardMO South & Associates MS Dyke, Henry, GoldshollMS Morris and Associates MS Morris, Schneider & Prior MS Shapiro & Massey MT Mackoff, Kellogg, Kirby & Klos NC Morris, Schneider & Prior NC Nodell, Glass & Haskell NC Shapiro & Ingle NE Eric H. Lindquist NH Barron & StadfeldNJ McCabe, Weisberg, Conway NJ Parker McCay NJ Pluese, Becker & Saltzman NJ Zucker, Goldberg, Ackerman NY Edward A. Wiener, Esq NY Eschen, Frenkel & WeismanNY Jonathan D. Pincus OH Keith D. Weiner & Associates OH Lerner, Sampson & Rothfuss OH Reimer, Lorber & Arnovitz Co. OH Reisenfeld & Associates OK Baer & Timberlake OK Kivell, Rayment and Francis

OK Shapiro & Cejda OR Robinson Tait OR Routh Crabtree Olsen PA Law Offices of Barbara A. Fein PA Martha Von Rosenstiel PA McCabe, Weisberg, Conway PA Shapiro & Kreisman PA Udren Law Offices PA Zucker, Goldberg, Ackerman RI Nicholas Barrett & Associates SC McDonald McKenzie Law Firm SC Weston Adams SD Mackoff, Kellogg, Kirby & Klos TN Price, Rodgers, Hill & Kolarich TX Barrett, Burke, Wilson, CastleTX Baxter & Schwartz TX Brice, Vander Linden & Wernick TX Hughes, Watters & Askanase TX Kelly Harvey TX Mann & Stevens UT CMS Legal Services UT David B. BoyceUT Lundberg & Associates UT Scalley, Reading, Bates,

Hansen & Rasmussen VA Bierman, Geesing & Ward VA Glasser & Glasser VA Shapiro & Burson VA Sykes, Bourdon, Ahern & LevyWA Robinson Tait WA Routh Crabtree Olsen WA Shapiro & Sutherland WI Blommer Peterman WI Gray & Associates WV Daniel J. Mancini & AssociatesWY Castle, Meinhold & Stawiarski

13


AR Mickel Law Firm AR Wilson & Associates AZ Statewide Foreclosure Services CO Aronowitz & Ford CT Reiner, Reiner & Bendett FL Albertelli & Halsema FL Enrico Gonzales FL Law Offices of Gary Gassel FL Marshall Watson FL Popkin & Rosaler FL Smith, Hiatt & Diaz GA Richard B. Maner GA Stephen J. Knezo IA Dunakey & Klatt ID Alliance Default Services IL Codilis & Associates IL Dutton & Dutton IL Fisher & Shapiro IL Freedman, Anselmo,

Lindberg & RappeIL Heavner, Scott, Beyers & MihlarIN Foutty & Foutty KS Kozeny & McCubbin KY Lerner, Sampson & Rothfuss KY Manley, Deas & Kochalski

KY Mapother & Mapother KY Nielson & Sherry KY Reisenfeld & Associates LA Dean Morris MD Bierman, Geesing & Ward MD Rosenberg and Associates MI Fabrizio & Brook MI Orlans Associates MI Peter, Schneiderman &

AssociatesMI Potestivo & Associates MI Trott & Trott MO Millsap & Singer MO Sandberg, Phoenix and

Von Gontard MO South & Associates MS Morris and Associates MS Shapiro & Massey MT Mackoff, Kellogg, Kirby & KlosNC Erwin, Simpson & Stroud NC Shapiro & Ingle NY Cohn & Roth NY Jonathan D. Pincus NY Steven J. Baum OH Carlisle McNellie Law Firm

OH Lerner, Sampson & RothfussOH Manley, Deas & Kochalski OH Reimer, Lorber & Arnovitz Co.OH Reisenfeld & Associates OH (C) Law Offices of John D. Clunk OH (C) Lerner, Sampson & Rothfuss OH (C) Manley, Deas & Kochalski OH (C) Reimer, Lorber & Arnovitz Co. OR Shapiro & Sutherland PA Shapiro & Kreisman PA Udren Law Offices TN Shapiro & Kirsch TN Wilson & Associates TX Barrett, Burke, Wilson, Castle TX Baxter & SchwartzTX Brice, Vander Linden & Wernick TX Codilis & Stawiarski TX Hughes, Watters & AskanaseTX Mann & Stevens UT Scalley, Reading, Bates,

Hansen & Rasmussen VA Rosenberg and Associates WI Blommer Peterman WI Gray & Associates

SERVICE EXCELLENCE HONORABLE MENTIONFORECLOSURE

During the last year, 70 firms demonstrated exceptionally high “Service” scores in the APR for foreclosure. All ofthese firms deserve “Honorable Mention.” The following firms earned a Service Excellence Honorable MentionAward for foreclosure.

OH (C) = Cuyahoga County

must complete all referrals in their work group within fourhours. Additionally, the Referral Production team isresponsible for handling specific and unique referralrequests from FIS clients.

REFERRAL ISSUES:This group handles all referral-related Process ManagementIssues, such as files proceeding back into foreclosure fromloss mitigation or bankruptcy, screen print requests and therestarting of foreclosure processes. It also handles special

requests to send specific referrals. Thegroup’s goal is to solve each issue withinfour hours.

REFERRAL REPORTS:This group manages all exception reportingthat surrounds referrals, as well as thenotification of service releases between ourclients and counsel via Process Management.The team handles the confirmation reportsto ensure all FIS Foreclosure Solutions, Inc.

client files load daily. The Referral Reports group is alsoresponsible for aligning attorneys between the client systemand Process Management and for working all reports to fullcompletion daily.

The Referral management staff, consisting of one manager,two supervisors, two leads and one analyst, has a total of 17years of experience at FIS, which is exceedingly beneficialwhen managing the referral volume growth this team hasexperienced during the last five years. In August 2007, theReferral group celebrated a new single-month referralrecord, narrowly missing another record in September.

The Referral group at FIS Foreclosure Solutions, Inc. is avital part of the Customer Support team, with

responsibilities that include managing the timelines fromwhen a client sends the data needed to refer a file to thetime the data is sent to counsel. Delays in these timelinescan greatly affect overall performance.

The Referral team is managed by Mark Cardenas andsupervised by Eric Tate and Katy Soderberg. Mark will soontransition from Referrals to the Project Management team asthe Operations/IT Liaison and Eric will become theReferral team manager. Eric currently assistswith client and counsel concerns, helps Markwith Referral projects and manages theReferral team in Mark’s absence. Eric’sposition allows Katy to focus on managingthe team’s day-to-day operations.

The 16-member Referral Operationsteam is divided into three sections that reportdirectly to Katy. These sections, establishedlast summer, are responsible for specializedfunctions that allow the entire team to runmore efficiently. The largest group is the ReferralProduction team with eight associates, one analyst and onelead. The Referral Issues team has three specialists; theReferral Reports team has two. One lead is over both theIssues and Reports teams.

REFERRAL PRODUCTION: The Production team manages the automation of referralsto ensure this process runs smoothly throughout the day.This team also handles any referrals that need to be sent tocounsel, outside of the automation. This includes thesending of the referral package via Document Management,the attorney assignment and the completion of events inProcess Management. To ensure the attorney assignment isaccurate, any referrals to be sent manually must first gothrough a QA process within the Referral Team beforebeing sent to counsel . The team also monitors the screenprint automation in place for various clients. This group

DEPARTMENT SPOTLIGHT: REFERRALSby Mark Cardenas, Eric Tate and Katy Soderberg

14

“IN AUGUST 2007, THE

REFERRAL GROUP

CELEBRATED A NEW

SINGLE-MONTH

REFERRAL RECORD…”


REFERRALS: BACK ROW (L TO R):Eric Tate, KatySoderberg, Laurel McDonald, Jim Hood, Jay Olasande,Valarie Crawford, Kim Hall, Mark Cardenas.FRONT ROW (L TO R): Becky Conrin, Chang Vang,Karen Froggatte, Lisa Thor, Cathy Hagstrom, MargieBowen, Amy Guibord, Kenji Hang, Matt Axelson.


Bradley AfllejeSherry BennettNathan DawKaron DedolchowMensah DjikounouNancy Duncan

Edmond GoffLeah GossJim HoodFrances LundellBill MichelinOmar Miller

Mikelynn MirticaHector PastorRaynette PrinceErica ReedAlex RubensteinKer Vang

AUGUST

Polina BelinskayaCarlos BranumMarsha CunninghamYari FloydTonya Hopkins

Jasmine OdomRyan OstoskiOwen OverstreetGina PalmerThomas Salkiewicz

Robin SmithDragan SpiridonovicBrian SwannerVesna VujaklijaBarry Wright

SEPTEMBER

Nora AustinMatthew BanaszewskiSidra BeltzJinni BougieTiffany ChambersAngie CrawfordDanielle Fairbanks

ONE YEAR

Luciana Grant-SteadmanMary HennessyMichelle KoontzRichard LewisKory MurphyChristine NelsonAaron Salsman

Priya SeenathStephen SkinnerBrock SurianoMickey TukaGerald Willy

OCTOBER

AUGUST SEPTEMBER

FIVE YEARS

OR MORE

OCTOBER

5 Jennifer Anthony5 Jessica Knie5 Rebecca North5 Edna Ugaro7 Cathy Hagstrom7 Renae Stanton8 Rodney Cadwell12 Joyce Helberg

5 Rashal Peterson7 Kim Mullins7 Mellisa Ziertman

5 Traci Petsch5 Thaoke Her5 Deb Trautner6 Frank Coon9 Barb Halverson11 Angela Vaith12 Deidra Murr

EMPLOYEE ANNIVERSARIES

ONE YEAR

ONE YEAR

15

16

THE


These tools have formed the foundation that hasallowed S&S the flexibility to navigate the world ofmortgage servicing. As a member of the LOGSNetwork, S&S has been provided the resourcesnecessary to meet each and every client’s individualservicing requirements. Additionally, our network isable to anticipate the future needs of clients andprovide the services to meets those needs.

S&S believes that we are able tosucceed in the increasingly competitiveenvironment of high-volume mortgageservicing by understanding the necessityfor the timeliness of work. S&S uses ateam-based approach by cross-trainingour staff in order to work in the mostefficient manner. Using this approachprovides S&S with the ability for allstaff, both attorney and non-professional

support personnel, to complete our clients’ work asquickly and efficiently as possible. This concept alsohelps us to retain our staff long-term, reward employeeexcellence and building an enjoyable work environment.Each of these techniques enables S&S and our clientsto consistently succeed in today’s market.

Shapiro & Sutherland, LLC is full-service law firmand a member of the LOGS Network,

concentrating its representation to mortgage vendorsand servicers in Oregon and Washington state. Thefirm handles all areas of mortgage servicing:foreclosures of residential, single-family homes,commercial property, manufactured housing (bothforeclosure and title elimination), consumer andChapter 11 bankruptcies, eviction, closingand all related litigation.

Shapiro & Sutherland, LLC (S&S)was originally founded in 1989, by GeraldM. Shapiro and David S. Kreisman, underthe name of Shapiro & Kreisman. In2005, Kelly Sutherland was promoted tomanaging partner. Recently, S&S wasawarded the Rookie of the Year Awardand earned a Performance ExcellenceAward in foreclosure at the 2007 FIS ForeclosureSolutions, Inc. Attorney Summit for its performance inthe state of Oregon. S&S also holds a seat on the2007-2008 FIS Attorney Roundtable.

At S&S, we believe in providing our clientsunparalleled timeline management and client serviceswhen resolving mortgage defaults. Our firm uses aneffective combination of legal expertise, extremely loyaland hard-working employees, and cutting-edgetechnology to meet each of our clients’ specific needsand expectations.

(L TO R): CALI ROCHA, KELLY SUTHERLAND,RHONDA WRIGHT AND LYNETTE ALLEN

FIRM SPOTLIGHT: SHAPIRO & SUTHERLANDby Kelly SutherlandSHAPIRO & SUTHERLAND, LLC

“AT S&S, WE BELIEVE IN

PROVIDING OUR CLIENTS

UNPARALLELED

TIMELINE MANAGEMENT

AND CLIENT SERVICES

WHEN RESOLVING

MORTGAGE DEFAULTS.”

S U M

17

STATE YOUR CASE


“The biggest challenge is dealing with the Supreme Court. Most counties are backlogged several months in processing orders andjudgments. This creates long delays in completing the foreclosure process. Additionally, there are backlogs in most counties, anddealing with county-specific rules and requirements is a big issue. We are constantly getting court applications returned forrevisions and additional information. This is not because of a defect in the foreclosure action or our papers, but due to a courtclerk or judge's specific request or requirement, without any statutory or case law basis. This creates additional delays in theforeclosure process. For example, a particular judge in Oswego county recently rejected some orders of reference and advised ofnew requirements when submitting applications., i.e. the paralegal’s telephone extension must be on the cover letter, an affidavitthat there are no tenants residing at the premises must be submitted with the order of reference, etc. Although there is nostatutory authority for this, failure to comply will result in a plaintiff's application being rejected. It is getting out of hand andcreating enormous delays.”

- Lisa M. Confusione, Esq.Berkman Henoch Peterson & Peddy, P.C. (N.Y.)

“The biggest challenge we have had is that some of the clerks’ offices and sheriffs’ offices have not been ready for the increasednumber of files. They don't always share the urgency we have in completing files, and we are constantly working with them andtheir various systems to ensure that we continue to meet our goals and our clients’ expectations.”

- Brian Sayer Dunakey and Klatt, PC (Iowa)

“Our biggest problem is the backlog at the various county offices that must be involved. A foreclosure in Indiana is a judicialprocess utilizing the clerk of courts, the sheriff for process, the judge and staff to obtain a judgment, and the sheriff again toserve the sale information and conduct a sale. You also need the sheriff to process the deeds after sale and do any necessaryeviction. All of these officials are backlogged, and at the same time somehow convinced that the lenders really don't want theseproperties, or worse, are causing the neighborhoods to decline by bad lending practices. Bottom line - they are dragging their feetand causing delays, the explanation of which our clients have heard a hundred times yet still will not accept.”

- Craig Doyle Doyle and Friedmeyer (Ind.)

“We have two problems in Louisiana:1. The client often can’t find the original note and it is required when filing the first legal. This delays the entire processsometimes 30 to 35 days before the client will close the executory action and allow us to proceed via ordinary process.2. The borrower or borrowers have relocated as a result of Hurricanes Katrina and Rita and it takes longer than it should tocomplete service.”

- Grace LaGraize, Office ManagerShapiro & Mentz, L.L.P. (La.)

In the last issue of The Summit, we asked our attorney network to submit answers to the following question:

What is your biggest challenge in processing the increased number of foreclosures in your state orwithin your company?

As the mortgage industry continues to evolve with new business styles, strategies, and industry standards, wewould like everyone to share their thoughts on these changes. In order to accomplish this, we pose a mortgageindustry question in The Summit newsletter to obtain feedback on a particular topic. The question for this issue is:

Because of increases in foreclosure volumes, some servicers are pursuing loss mitigationefforts as alternatives to foreclosure. In what loss mitigation efforts by servicers has yourfirm taken part?

18

FIS Foreclosure Solutions, Inc. A Division of FIS Default Solutions

ATTORNEY GUEST SEMINARS

MAY - MN MAY - FL

JULY - FL

JULY - FLAUGUST - FL

POTESTIVO & ASSOCIATESBACK (L TO R): Charlotte Haack, Angela Veda, Mark BredowFRONT (L TO R):Megan Schwarze, Lauren Kush, Dana Wyrybkowski

HUGHES, WATTERS & ASKANASE(L TO R): Brendetta Scott and Carolyn Taylor

SMITH, HIATT & DIAZ(L TO R): Emily Bruce (FIS), Lakesha Adams (FIS), Selena Edwards (FIS),Roy Diaz, Trish Cox, Polina Belinskaya (FIS), Lily Hebda

SHAPIRO & KIRSCH(L TO R): Candice Rakowski, Denise Griffin, Sharon Fewell, DJBlummer, Joe Kirsch, Brandon Taylor, Jeremy Lipford

FINKEL LAW FIRM(L TO R): Susan White, Janet Haigler, Lakesha Adams (FIS), SelenaEdwards (FIS), Polina Belinskaya (FIS), John Lee, Beverly Finkel

CASTLE, MEINHOLD AND STAWIARSKI(L TO R):Topako Love(FIS), Mary McNamee(FIS), Andre Friedman(FIS), Caren Jacobs Castle and Liquenda Allotey(FIS)

JULY - MN

JULY - MNAUGUST - MN AUGUST - FL

FIS DESKTOP

UPDATES

19


SERVICE DATA ON DEMAND (SDOD):Servicer Data On Demand (SDOD) will provide quick access to real-time MSP data directly from the FIS Desktop. Bankruptcy, foreclosure,mortgage history and other loan-related data will be available from theProcess Information page without the need for an additional login.The data can be viewed, printed and exported to Microsoft Word orExcel. Access to this information will be tracked and can be easilyaudited through the same interface. This functionality is scheduled tobe offered this fall and will be available for all FIS MSP clients thatutilize the FIS Desktop.

DESKTOP INTEGRATION SERVICES (DIS):With the move to FIS Desktop, the NewTrak Import/Export Engine(NTIEE) has been rebranded Desktop Integration Services (DIS). DISis an XML-based, bidirectional interface to Process Management andcan be accessed through Web services or the DIS Web site. In additionto the name change, we have also invested in enhancing the DIS Webservices:

Uploads (information moving from your case information system toProcess Management) have been enhanced to provide improvedresponse times, validation, and error responses. These improvementsare available in production now.

Downloads (data moving from Process Management to your caseinformation system) have been enhanced to provide improvedresponse times and to remove the need for throttling.

Other new features include: ●Referral Reconciliation Report - providing an easy way to verify yournew referrals.●Referral Acknowledgement - providing an optional service that willallow referrals to be automatically flagged for re-downloads if they arenot acknowledged by you within a specified timeframe.

These enhancements are scheduled to become available this fall. Moreinformation can be requested by e-mailing [email protected].

PAYOFF EXPRESS IN DEFAULT:Working with FIS MSP, Process Management will provide real-timepayoff quotes for loans serviced using the FIS-MSP platform. AProcess Management user will be able to request a payoff quotedirectly from Process Management. This feature will be coupled withthe Fees and Costs capability in Process Management to return notonly a payoff quote from MSP, but also the latest fees and costs fromany attorney working the default action.

CLIENTSFIS Desktop Franklin CreditFIS Desktop FremontFIS Desktop Litton Loan Servicing

Outsource/Desktop CENLAROutsource/Desktop CountrywideOutsource/Desktop IndymacOutsource/Desktop Residential Credit Solutions

FIRMSAR Baxter and Schwartz PCAZ Folks & O'Connor, PLLCAZ/NV/OR Law Offices of Les ZieveUT/WACA Curtis Law GroupFL Jonathan Kilne, PAFL/PA Joseph H Ganguzza & AssociatesGA Albertelli & Halsema, PLGA Flanagan & IrelandKS Gallas & SchultzMA/NH/RI Orlans Moran PLLCNH/VT Law Offices of Jonathan F. WeidmanOH Gerner & Kearns Co., LPASC Bolen Law FirmTN McCurdy & CandlerVT Jeffrey Kosterich & Associates, PC

NEW TO THE FIS PARTNERSHIPFIS Foreclosure Solutions welcomes the following clientsand firms to the FIS partnership from May, June, July andAugust.

TECHNOLOGY NEWS

TOP APR PROJECTSAPR – MFR RECEIVED TO RESULTS:Based on feedback from the attorney network, the stages andweighting for the BK scorecard will be adjusted.

CHANGE INITIAL STAGE MEASUREMENT TO ‘FILE REFERRED’:FIS will change all stages that begin with “File Received” to startwith “File Referred” in both bankruptcy and foreclosure.

ILLUSTRATION OF CHAPTER 7 AND CHAPTER 13 DISTRIBUTION:FIS will add a breakout of Chapter 7 and Chapter 13 volume tothe State Attorney section of the APR.

UPSTATE AND DOWNSTATE NEW YORK COUNTIES:The APR scorecard will be separated by upstate and downstatecounties in NY.

INHERITED FILES STAGE UPDATE:The APR logic will be adjusted so that inherited files will bescored on states that begin and end while the file is under FISoutsourcing.


The Peak Performance Award program was created to recognize superior employee performance at FIS. Employeesare nominated for noteworthy performance, customer praise, suggestions or improvements, or completion ofadditional tasks. Peak Performance Award winners have taken it upon themselves to improve our company throughtheir exceptional work ethic, creativity and customer service.

Teslyn Bailey John Broich

Teslyn, a foreclosure associate in ourJacksonville office, received a PeakPerformance Award after a Networkfirm contacted Teslyn’s manager toexpress how much the firm enjoysworking with her and theirappreciation of her timeliness inresponding to their requests. “Shedoes wonderful work, responds toour requests, phone calls and e-mailstimely, and working with her is apleasure.”

John, an associate in BK Audit inMinnesota, was recognized bymanager Jack Junier, who said, “Hehas learned advanced mortgage andbankruptcy concepts with a speedI’d call nothing short of miraculous.”John’s willingness to take on additionaltasks and assist his colleagues hasproved invaluable as the BK Auditteam continues to grow.

20

PEAK PERFORMANCE AWARD WINNERS

Amy Chute Carrie Johnson

In July, manager Josh Baxley sentan e-mail to FIS managementpraising Amy’s reliability and herefforts to handle a particularlychallenging file. He said that Amy, aClient Document Executionsupervisor in our Minnesota office,“…almost single-handedly savedthe day and the client's sale” byworking with the client to get thenecessary documents signed anddelivered overnight.

Carrie, a Foreclosure associate inour Minnesota office, recentlyearned recognition from a networkfirm. The firm, a recipient of theSummit Award at the FIS ForeclosureSolutions, Inc. Attorney Summit,attributed its success to Carrie’sdedication and her cheerfulness fortheir success. “Carrie is an invaluableresource for us. We consider Carrieto be an integral part of our team.”

Raynette Prince

Raynette, an associate in BKHigh Risk Resolution in ourMinnesota office, received praisefrom an attorney firm afterhelping it reach its goals andbecome a top firm in its state.The firm went from last place tofirst place in less than six monthsand said Raynette’s “…guidancehas played a large part in ourincredible success.”

Paul Thalin

A network firm recently expressedappreciation for Paul’s outstandingwork ethic and his constant effortsto assist the firm. “On top ofeverything else he does, there aretwo cases recently that he hasgone above and beyond to helpme with.” Paul is a BK AttorneyManagement associate in ourMinnesota office.

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