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Page 1

B

USINESS

O

BJECTS

S

U M M I
T

T

HE

2

3

4

5

6

7

8

9

10

12

14

15

16

17

18

19

20

E

NCOURAGING

P

EAK

P

ERFORMANCE IN
THE

FIS
P

ARTNERSHIP

T

he FIS Foreclosure Solutions, Inc.

Business
Analytics group supports the

analysis tools,
live reporting environment,

and ad-hoc
reporting needs of FIS

Foreclosure Solutions and its customer
base.

The Business
Analytics team maintains the

content available
on the FNDS Reports

Online Web site,
including the Attorney

Performance
Reports (APR). FNDS

Reports Online
currently stores more than

800 live Crystal
reports and archives over

10,000 static
reports (in PDF, Excel, or text

files). Each
month, there are more than

36,000 views of
these reports.

Based on the
growth of the FIS

Foreclosure Solutions-managed
portfolio

over the past
several years and due to

increased
reliance on our reporting environment

for near
real-time data for analysis and decision

support, two
projects will be completed in

2008 that
demonstrate our commitment to

customer-focused
solutions.

Business
Objects Implementation

In the first
quarter of 2008, Business Objects

will replace FNDS
Reports Online as the

primary
reporting environment. Business

Objects is a
full-featured environment, providing

the
infrastructure for housing both live Crystal

reports and
static documents. In addition,

Business Objects
provides a wide array of

tools that
facilitate reporting dashboards,

dynamic
drill-down reports, interactive maps,

and other tools
that we can leverage for years

to come.
Business Objects is currently live

for some users
and remaining users will be

phased in during
the first quarter of 2008.

Integrated
Security is one of the greatest

initial benefits
of the Business Objects product.

Users will be
able to access Business Objects

from the FIS
Desktop without maintaining

a separate
reporting Web site user name and

password. This
will streamline both user

setup and ongoing
maintenance.

Performance and
stability are two more

key benefits of
the transition to the Business

Objects
environment. Business Objects

allows for more
simultaneous requests on key

reports, such as
the APR. Additionally, the

user-friendly
interface makes it easy to

locate and find
specific reports quickly.

Increased Data
Processing Capacity

While moving to a
new reporting environment,

a new SQL Server
2005 data processing

environment was
brought online this year.

This
exponentially improves response time

for live reports
that are requested through

Business Objects.
This environment better

supports our
production of key performance

reporting such as
the APR, Client Power

Rating (CPR), and
Monthly Performance

Reports (MPR). We
have already experienced

an 80 percent
reduction in nightly processing

time for the
APR.

FIS Foreclosure Solutions is
committed

to providing
in-depth analysis and user-driven

data solutions through the
Business Analytics

group. The
implementation of Business Objects

and a new data
processing medium is the

product of much
effort across several teams

within our
organization. By continuing to raise

the bar for
ourselves and to partner with

our colleagues
in the industry to understand

the needs for
specific tools, we will continue

to add value by
providing relevant customer-

focused solutions to our mortgage
servicing

clients and to
their Attorney Network.

FIS
I

NFORMATION

FIS
C

ONTACTS

R

AMIFICATIONS
OF

F

ANNIE

M

AE

C

AP
ON

T

ITLE

C

OSTS

C

LIENT

S

POTLIGHT

E

MPLOYEE

S

POTLIGHT

:

C

HRYS

H

OUSTON

T

HE

F

UTURE
OF

FDCPA

L

AWSUITS

Q3
A

TTY

R

ECOGNITION

E

MPLOYEE

A

NNIVERSARIES

D

EPARTMENT

S

POTLIGHT

:

Q

UALITY

C

ONTROL

F

IRM

S

POTLIGHT

:
H

UGHES

W

ATTERS

&
A

SKANASE

L

OOKING

B

EYOND

T

HE

H

EADLINES

S

TATE

Y

OUR

C

ASE

N

OTICE

T

HE

N

ETWORK

APR
C

HANGES

A

TTORNEY

G

UEST

S

EMINARS

T

ECHNOLOGY

N

EWS

P

EAK

P

ERFORMANCE

A

WARD

W

INNERS

BY

M

ICHAEL

C

LOIN

V

ICE

P

RESIDENT

,
B

USINESS

A

NALYTICS

/
F

INANCIAL

S

UPPORT

I

N

T

HIS

I

SSUE

T

HE

S

UMMIT

A publication of
FIS Foreclosure Solutions, Inc.

December 2007

Volume 3 Issue
4

Page 2

2

FIS
I

NFORMATION

FIS Foreclosure Solutions, Inc.

A Division of Fidelity National Default Solutions

F

IS Foreclosure Solutions, Inc. provides
loan servicers

with
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 credit

types, enabling
clients to realize consistent pricing for

default
management services and reductions in the cost

per loan
serviced.

When clients
refer a loan to local counsel through FIS

Foreclosure Solutions, Inc., the loan
timeline is managed

until resolution.
Clients identify

the unique
requirements of

their portfolios
and the loans

are processed
through FIS

Foreclosure Solutions, Inc.
to

ensure the most
efficient

outcome. Internal
time

limitations for
key events are

set and active
monitoring is

conducted to
minimize the

overall timeframe
from

referral to
resolution. The loan-level data is reported to

Fidelity National Information
Services, Inc. (FIS) partners

on a daily basis
using FIS Desktop, a Web-based default

management
technology.

FIS Desktop is an
industry-changing proprietary

enterprise
application that provides users with a single

point of contact
into technology-driven solutions,

enabling clients
to streamline their processes and manage

document and
invoicing needs online. This reduces

timelines,
mitigates risk and saves resources.

FIS Desktop
Process Management (previously NewTrak)

allows users to
efficiently direct and deliver all relevant

information,
images and services from one secure, real-

time platform.
Reconciliation of third-party information

is simplified by
utilizing a single, Web-based access point

that bridges a
client's third-party service providers and

FIS. This means
quicker processing and cost savings, as

well as the
virtual elimination 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

enterprise
application manages a document's life cycle,

from data
extraction and electronic generation through

preset routing
protocols,

ultimately
automating a

company's
unique

document
structure.

FIS Desktop
Invoice

Management
(previously

NewInvoice) uses
real-

time, online
services with

specialized
modules to

automate every
aspect of

the billing and
invoicing

processes.
From

presentment and
processing to postpayment activities,

Invoice
Management's automation saves time and eliminates

errors.

From referral to
invoice, FIS Foreclosure
Solutions,

Inc. and FIS
Desktop provide unique, money-saving

solutions for the mortgage
community.

FIS’
F

IVE

F

UNDAMENTAL

P

RECEPTS

Autonomy and
Entrepreneurship

Bias for
Action

Employee
Ownership

Minimize
Bureaucracy

Close Customer
Relationships

F

LORIDA

O

FFICE

601 Riverside
Ave.

Building 5,
Floor 3

Jacksonville, FL
32204

904.470.7700

904.470.7800
fax

M

INNESOTA

O

FFICE

1270 Northland
Drive

Suite
200

Mendota Heights,
MN 55120

651.234.3500

651.234.3600
fax

2

N

AME

C

HANGES
AND

URL
C

HANGES

I

n conjunction
with the rebranding of the FIS Loan

Portfolio Solutions’ (FIS LPS)
technology applications

in January 2007
to the FIS Desktop suite of products,

the URLs of these
applications have been updated to

reflect the new
names as of December 2, 2007.

In addition to
the FIS Desktop changes, Fidelity

National Foreclosure Solutions, Inc. also
recently

changed our name
to FIS Foreclosure Solutions, Inc.

Application

Previous
URL

New
URL

Process
Management Newtrak.com

pm.fisdesktop.com

(f.k.a.
NewTrak)

Invoice
Management Fndsonline.com

im.fisdesktop.com

(f.k.a.
NewInvoice)

Document
Management Newimageexpress.com dmc.fisdesktop.com

(f.k.a.
NewImageExpress)

Page 3

F

ORECLOSURE

S

OLUTIONS
AND

LPS
M

ANAGEMENT

S

COTT

B

ARNES FIS Foreclosure Solutions President and
COO

904.470.7703

L

ARRY

D

INGMANN

SVP Division
Counsel 651.234.3506

S

TEVE

G

ERTHS

SVP Business
Development

651.234.3504

E

D

H

ILL

SVP FIS
LPS

281.827.2676

J

AMES

I

REDALE

Chief Technology
Officer, FIS LPS 904.470.7704

L

AURA

M

AC

I

NTYRE

COO/Sr. Managing
Director, FIS Desktop ™

651.234.3511

B

ARB

N

ICKEL

SVP
Controller

651.234.3587

3

V

OLUME

3
I

SSUE

4

T

HE

S

UMMIT

T

HE

S

UMMIT

The Summit is published
quarterly by the

Customer/Attorney
Relations team for employees,

clients and
attorney firms in the FIS Foreclosure

Solutions,
Inc.partnership.

E

DITOR

Lindsey
Lesch

A

SSISTANT

E

DITOR

Emily
Bruce

S

TAFF

P

HOTOGRAPHERS

Katherine
Zorn

C

ONTRIBUTING

A

UTHORS

*

Marlon
Bates

Ryan
Krumrie

Carolyn
Taylor

January
Taylor

Larry
Zielke

Do you want to
be featured in next quarter’s

issue of The
Summit? We welcome
all articles or

comments about
your company/firm.** Tell us

about changes,
improvements, legislation that

affects you –
whatever you think will be

interesting to
readers of The Summit!
The

deadline for
submissions for the next issue is

January
14.

We also welcome
your photos (digital photos

set to the
highest resolution are preferred).

Send comments,
photos and story ideas to:

E-mail:
[email-masked]

Phone:
904.470.7831

Fax:

904.470.7800

D

OWNLOAD

P

REVIOUS

I

SSUES

C

ONTACT

U

S

!

C

USTOMER

/A

TTORNEY

R

ELATIONS

P

OLINA

B

ELINSKAYA

904.470.7881

J

INNI

B

OUGIE

651.234.3821

T

ERRI

B

OYETTE

904.470.7766

E

MILY

B

RUCE

904.470.7850

K

RIS

H

ARVICK

904.470.7879

C

HRYS

H

OUSTON

904.470.7712

L

ARISSA

J

ONES

904.470.7931

L

INDSEY

L

ESCH

904.470.7831

A

NGELICA

L

OPEZ

818.257.5530

M

ELINDA

L

OYD

903.355.0199

C

HRIS

P

RUITT

262.255.1604

M

ATTHEW

R

OGINA

904.470.7731

H

ALEY

S

EABROOK

904.470.7935

S

TEVE

S

ICKLER

904.470.7917

B

RIDGETTE

S

MITH

904.470.7894

K

ATHY

T

HOMPSON

832.559.3989

R

YAN

V

OGT

904.470.7851

This issue of
The Summit is
now

available for
download on our

Web site. Are
you new to The

Summit audience? Please
visit our

Web site to
access previous

issues.

*

The opinions
expressed by contributing

authors are
those of the authors and do not

necessarily
reflect the opinions of FIS

Foreclosure Solutions,
Inc..

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

3

http://thesummit.fndsportal.com

Page 4

4

T

HE

FIS
F

ORECLOSURE

S

OLUTIONS

,
I

NC

.

in a full
search. While a limited title search characteristically

begins at the
vesting deed into our borrower and moves

forward, most of
the more detrimental title defects (including

legal
description errors, missing ownership/equitable interests,

and prior owner
liens) are found further back in the chain.

Unresolved title
issues identified post-foreclosure can

cause
significant delays in the resale of the property and

even possible
liability on the part of the lender. Specifically,

a title issue
identified during the resale of a property can

cause the lender
to lose a prospective buyer

while the title
issue is being resolved. A

delayed notice
to a title insurance company

of a defect in
title can also potentially void

a title
insurance policy. Certain unresolved

title issues can
render a foreclosure
invalid

or wrongful,
which may cost the lender

significant
litigation fees and liabilities.

There are
several ways a lender can

limit delays and
liability. If a lender does

not have a
lender’s title insurance policy, they can order a

full search and
absorb the title costs that exceed the Fannie

Mae cap.
Alternatively, if the lender does have a policy,

they should
provide it to the vendor at the referral stage

of a foreclosure. This will
confirm that the lender has

insurable title
up to the point of the recording of the

security
instrument and should allow a REO attorney to

tack off of the
existing policy at the resale of the property.

Having a title
insurance policy readily available to the vendors

will also
decrease possible delays in REO because the title

insurance
company can be

immediately
notified of any title

defects and, as
a result, initiate

the resolution
process.

I

n an effort to
decrease the fees and costs of foreclosure,

Fannie Mae issued
a memorandum in June 2007 (to

become effective
Aug. 1, 2007) limiting the reimbursement

amount of title
costs associated with foreclosure for
all

Fannie Mae
insured loans. By capping the reimbursement

amount at $200
per case, Fannie Mae determined it would

“better contain
their credit losses and make it easier for

borrowers to
refinance or cure delinquency of their loans.”

The reimbursement
of costs provided by Fannie Mae will

include the
initial search and all updates.

Placing a cap on
the reimbursement

amount for title
services during a foreclosure

will require
vendors to pursue alternative

means of
obtaining necessary title information.

Such
alternatives, as suggested by Fannie

Mae, would
include using title searches or

abstracts instead
of a title commitment or

Trustee Sale
Guarantee. In such instances,

the resulting
title search would be uninsured

by a title
insurance company provider and a full search

may still be
required at the REO stage of the process in

order for title
insurance to be issued at closing.

The benefits of
running a full 40-year title search in

preparation for
foreclosure allows the
vendor to identify

and cure all
title issues prior to exercising the power of sale

clause provided
in the security instrument (for non-judicial

jurisdictions).
There are several reasons for running a title

search, the most
important of which are to identify all

parties that are
required to be given notice of the foreclosure,

confirm that the
lender has a valid lien on the subject

property, and
verify a clear chain of title. Some of these

issues can be
determined by a limited title search, but there

are certain
situations where title defects can only be
identified

January N.
Taylor is an Associate Attorney at Morris,

Schneider,
Prior, Johnson, and Freedman, LLC in Atlanta.

Ms. Taylor is a
member of both the State Bar of North

Carolina and
Georgia. Her area of practice is real property

with a focus on
foreclosure law and
related title issues.

R

AMIFICATIONS
OF

F

ANNIE

M

AE

C

AP
ON

T

ITLE

C

OSTS

by January
Taylor

M

ORRIS

,
S

CHNEIDER

,
P

RIOR

,
J

OHNSON

&
F

REEDMAN

,
LLC

“U

NRESOLVED
TITLE

ISSUES
IDENTIFIED POST

-

FORECLOSURE CAN
CAUSE

SIGNIFICANT
DELAYS IN

THE RESALE OF
THE

PROPERTY AND
EVEN

POSSIBLE
LIABILITY ON THE

PART OF THE
LENDER

.”

S

U
M

Page 5

5

V

OL

. 3
I

SSUE

4

T

HE

S

UMMIT

M I
T

C

LIENT

S

POTLIGHT

:
F

REMONT
AND

O

PTION

O

NE

-
CA

F

REMONT

I

NVESTMENT
AND

L

OAN

:

Back: Luis Tena
(FIS), Vikki Richards, Kristin Bowles (FIS), Scott Walker

Middle: Angelica
Lopez (FIS), Danielle McKeon, Sabrina Olsen (FIS),

Zaneathea Murphy,
Shelly Tello (FIS), Amber Olivares (FIS), Diana

Larrondo(FIS)

Front: Chrys
Houston (FIS), Freddy Tierra, Christanya Blackman (FIS),

Emma Ramirez
(FIS)

O

PTION

O

NE

:

Back: Camron
Hashemi, Michael Campos, Kathleen DeGrammont,

Jim McGraw,
Raymond Elmes, Gino Tomasino

Front: Angelica
Lopez (FIS), Tracy Solomon, Scarlett Lang, Gaylee

Cone, Vicki Tsai,
Chrys Houston (FIS), Cindi Ellis, Rosario Brockway,

Kim
Ecklund

F

REMONT

I

NVESTMENT
AND

L

OAN

M

ANAGEMENT

:

Scott Walker,
Chrys Houston (FIS), Cynthia VanPatten,

Angelica Lopez
(FIS), Jamie Brander, Richard Power

Page 6

firms by
improving communication between them and FIS.

“Documents were
previously tracked through Issues

in Process
Management, but we knew we needed a better

way as the
volume increased,” Chrys said. Tracking document

requests through
the various events within the document-

specific
processes has allowed for better tracking, reporting

and more
thorough and accessible data.

“I really enjoy
working with clients and firms and

could do so
while working in docs through the building of

processes and by
providing ongoing

training. It’s
very rewarding,” she said. In

addition to
building relationships with

clients, Chrys
enjoys traveling to client

offices, one
factor that brought her to

Customer
Relations.

Chrys is now
over a team of three

offsite Customer
Relations managers. She

coordinates
visits to client offices and client

visits to FIS Foreclosure Solutions
offices,

attends client
calls daily, and follows up on client requests

to ensure
escalated items are resolved timely.

“I love the
staff. Everyone is on top of their game

and works with a
sense of urgency when it comes to the

client’s needs”
she said.

As Chrys settles
into her new role at FIS, her spunky

personality
remains the same. Her strength and zest for

life prevailed
through two breast cancer diagnoses. Her first,

which came at
the age of 30 when her daughters were ages

five and eight
months, brought on a series of surgeries and

tests. One year
later, her cancer returned. This time, she went

through six
months of chemotherapy and six weeks of

radiation.
Although she misses her long curly hair, she received

so many
compliments on her short cut and decided not to

grow it back out
after her treatments ended. Chrys has

now been
cancer-free for three years

and looks
forward to her future with

her family and
at FIS.

“I want to build
a strong and

positive rapport
with our clients by

making sure we
are providing a high

level of
customer service and

delivering
results every day.”

A

midst the
colorful decorations and gadgets on her

desk sits Chrys
Houston, phone piece in ear and

hands on
keyboard. Chrys is the Assistant Vice President

of Customer
Relations at FIS Foreclosure Solutions, Inc.

and her position
requires constant communication with

clients and FIS
associates.

A native of
Minneapolis and a University of Minnesota

alumna, Chrys
started out in the business as a home

improvement
(second lien) mortgage collector at Green

Tree Financial 14
years ago. She then moved

into foreclosures
and FHA claims and even

handled spa and
above-ground pool

repossessions.
While at Green Tree, Chrys

worked her way up
to supervisor, at which

time Conseco
Finance bought out the

company. When
this happened, Chrys

decided to leave
the brisk weather of her

home state to
brave the desert heat in Tempe,

AZ for two years
as a supervisor for Conseco

in the FHA claims
and Equity Analysis department. Chrys

then headed
across the country to Jacksonville, as a unit

manager over high
risk and private investor foreclosures for

LOGS/First
American. Four years later, Chrys had the

opportunity to
join the FIS team in the Special Assets

department
heading up the Document Retrieval area.

Even with the
dramatic climate changes, Chrys said

the biggest
adjustment to living in the south was learning

to refer to soft
drinks as “soda” rather than “pop.” Growing

up in Minnesota,
Chrys was active in sports and figure

skated for many
years. She now enjoys taking her daughters

Kayla, 11 and
Kori, 6 to the indoor rink on the weekends.

She misses the
Mall of America, but not the cold weather

or snow, and
makes sure to fit in a trip when she visits

her family back
home.

Chrys transferred
to her current position in Customer

Relations after
two years as the manager of the Document

Retrieval team.
During that time, her team grew from 10

associates to
more than 40. As the company expanded, a

need for a more
streamlined module became apparent.

With the
immediate impact on her team, Chrys was closely

involved in the
development of the document module that

went live this
year. The new module benefits both clients and

E

MPLOYEE

S

POTLIGHT

:
C

HRYS

H

OUSTON

by Emily
Bruce

6

“I

WANT TO BUILD
A

STRONG AND
POSITIVE

RAPPORT WITH OUR
CLIENTS

BY MAKING SURE
WE ARE

PROVIDING A HIGH
LEVEL

OF CUSTOMER
SERVICE AND

DELIVERING
RESULTS

…”

FIS
F

ORECLOSURE

S

OLUTIONS

,
I

NC

.

Page 7

J

udge Richard
Kyle, United States District Court for

the District of
Minnesota, issued an order on Sept.

12, 2007,
granting a law firm summary judgment and

dismissing all
claims brought against it under the Fair

Debt Collection
Practices Act (15 U.S.C. § 1692 et.

seq.). In
dismissing the case, Judge Kyle rejected the

plaintiff’s
contention that a law firm engaged almost

exclusively in
the practice of mortgage foreclosures

was a “debt
collector” for all purposes and was subject

to all of the
provisions of the FDCPA.

In Plaintiff v.
Shapiro, Nordmeyer

& Zielke, LLP
(D. Minn. Court File

No. 06-3103), the
law firm had been

hired by a
mortgage company to initiate

a non-judicial foreclosure when
the

mortgage was in
default. The property

was “torrens”
(registered property)

and Shapiro,
Nordmeyer & Zielke, LLP

confirmed on the
title report that the

plaintiff was the
registered owner of the property.

Shapiro,
Nordmeyer & Zielke, LLP then published a

notice of
mortgage foreclosure sale
for six consecutive

weeks prior to
the sale as required under Minnesota law.

The plaintiff
claimed that the mandatory foreclosure

notices published
in a legal newspaper violated the FDCPA’s

prohibition on
communicating debt information relating

to her finances
to third parties.

While recognizing
a split in authority on the issue

among the circuit
courts, Judge Kyle concluded that the

law firm was “an
enforcer of a security interest” and that

“foreclosing on
a mortgage does not constitute debt

collecting
activity under the FDCPA.” Therefore, the law

firm was subject
only to one provision (15 U.S.C. §

1692(f))
of the FDCPA and was not subject to claims

under any of the
other provisions of the Act, in particular

the third party
communication provisions on which the

plaintiff’s
claims were based. Because the plaintiff

presented only
“a mere conclusory assertion” that the

law firm
violated section 1692f(6), Judge

Kyle dismissed
the entire case with prejudice.

The plaintiff’s
attorney filed a notice of

appeal this
October after Judge Kyle denied

his request to
modify the order.

This case
represents a chance to have

the 8th Circuit
rule in favor of foreclosure

attorneys. We
feel the facts of this case are

favorable, and
that a published 8th Circuit

Court of Appeals
decision in our favor will

set the stage
for a favorable U.S. Supreme Court decision

in the future,
if it should ever get to that level. At the

very least, it
will help those attorneys in the 8th circuit

void off
frivolous FDCPA lawsuits. If you have any

questions
regarding this case, they can be directed to

Barry O’Neil and
Brett Clark of Lommen, Abdo, Cole,

King &
Stageberg, P.A. who represented the law firm

in successfully
defending the claims. Contact

information can
be found at www.lommen.com.

T

HE

F

UTURE
OF

FDCPA
L

AWSUITS

by Larry Zielke
and Ryan Krumrie

S

HAPIRO

,
N

ORDMEYER

&
Z

IELKE

,
LLP

7

V

OL

. 3
I

SSUE

4

T

HE

S

UMMIT

Lawrence "Larry"
Zielke is the Managing Partner of

Shapiro,
Nordmeyer & Zielke, LLP. He has been

admitted to the
Minnesota Bar since 1983, spending the

last 17 years
concentrating his practice on representing

mortgage lenders
and Servicers in all Minnesota counties.

“T

HIS
CASE

REPRESENTS A
CHANCE

TO HAVE
THE

8

TH

C

IRCUIT RULE
IN

FAVOR OF FORECLOSURE

ATTORNEYS

.”

Page 8

A

TTORNEY

P

ERFORMANCE

R

ECOGNITION

Q3 - 2007

F

ORECLOSURE

Q3 -
2007

B

ANKRUPTCY

AZ

Malcolm &
Cisneros

CA

Malcolm &
Cisneros

CO

Janeway Law
Firm, PC

IA

Dunakey &
Klatt

KS

Kozeny &
McCubbin

MA Ablitt &
Charlton

ME

Shapiro &
Morley, LLP

MS

Morris and
Associates

NC

Nodell, Glass
& Haskell

NE

Kozeny &
McCubbin

NV

Malcolm &
Cisneros

PA

Martha Von
Rosenstiel

PA

McCabe
Weisberg

PA

Goldbeck
McCafferty & McKeever

PA

Zucker, Goldberg
& Ackerman

TX

Mann &
Stevens

TX

Hughes, Watters
& Askanase

TX

Codilis &
Stawiarski

TX

Brown &
Shapiro, LLP

VT

Lobe &
Fortin

AL

Shapiro &
Pickett, LLP

AL

Scott J.
Humphrey

DC

Rosenberg &
Associates, LLC

FL

Gary I. Gassel,
PA

IA

Dunakey &
Klatt

IN

Bleecker Brodey
and Andrews

KY

Manley Deas
Kochalski, LLC

MD The Fisher
Law Group, PLLC

ME

Shapiro &
Morley, LLP

MS

Morris and
Associates

MS

Adams &
Edens PA

NC

Roberson,
Haworth & Reese

NC

Shapiro &
Ingle, LLP

NH Barron &
Stadfeld, PC

NJ

Koury, Tighe,
Lapres, Bisulca & Sommers

NY

Jonathan D.
Pincus

NY

McCabe
Weisberg

TN

Apperson, Crump,
Duzane & Maxwell PLC

VA

Sykes, Bourdon,
Ahern, & Levy, PC

VA

Rosenberg &
Associates, LLC

WI

Vollmar and
Huismann, SC

8

T

HE

FIS
F

ORECLOSURE

S

OLUTIONS

,
I

NC

.

S

U
M

Each quarter,
FIS Foreclosure Solutions, Inc.
recognizes

the top 20
performing firms in foreclosure and

bankruptcy. We
would like to congratulate the following

firms for their
performance during Q3 2007.

Page 9

9

V

OL

. 3
I

SSUE

4

T

HE

S

UMMIT

M I
T

Terri
Boyette

Mitch
Collingwood

Jason
Downing

Juli
Ezell

Laurie
Faltesek

Andre
Friedman

Wesley
Frost

Kari
Grinnell

Courtney
Gullie

Paula
Houston

Bobbi
Hughes

Xiao
Jiang

Brandon
Kiel

Shannon
Leeber

Bridgette
Smith

Mie
Woody

N

OVEMBER

Lakesha
Adams

Leesa
Bardunias

Gregory
Biersack

Michael
Bowman

Clark
Boyesen

Kimberly
Derynck

Leena
Gomber

Kevin
Hamilton

Pangfua
Her

Jaqueline
Lehman-Meggison

Tara
Lindholm

Melinda
Loyd

Eric
Ogechi

Rachel
Onsinyo

Kelly
Perrin

Thomas
Salkiewicz

Robin
Smith

Dragan
Spiridonovic

Brian
Swanner

Vesna
Vujaklija

D

ECEMBER

Chalonda
Adams

Damein
Anderson

Jillian
Banaszewski

Carl
Chisholm

Desiree
Fairchild

Crystal
Hawley

Jacqueline
Hunter

O

NE
YEAR

Faith
Hux

Tanya
Knoll

Seth
Lucas

Alexis
McKinnon

Berry
Morgan

Tran
Pham

Johnnie
Timm

Linda
Thursam

Krishna
Vulisetti

Caitlin
Wheeless

Heidi
Wilson

Houawa
Yang

J

ANUARY

N

OVEMBER

D

ECEMBER

F

IVE
YEARS

OR
MORE

J

ANUARY

5

Chris
Anderson

6

John
Cody

6

Norma Folley

6

Jackie
Notch

7

Greg
Whitworth

8

Gina
Akdeniz

8

Stacey
Rubbelke

11 Karen
Froggatte

6

Scott
Topel

5

Elizabeth
Anselmo

5

Laura
Bondgien

5

Tammy
Brooks-Saleh

5

Chuck
Henrickson

5

Donna
Kalb

5

Rick
Wilken

6

Kathleen
Milsow

E

MPLOYEE

A

NNIVERSARIES

O

NE
YEAR

O

NE
YEAR

Page 10

10

FIS
F

ORECLOSURE

S

OLUTIONS

,
I

NC

.

unnecessary
holds that may have been added in error.

Attorney
auditors are responsible for auditing all

APR-eligible
stages ensuring the attorneys are providing

accurate data
within Process Management. A random

selection
process is used to identify events to be audited.

The client
reporting staff handles several client-

specific
reports, some of which are

handled daily,
weekly or monthly.

The internal
audit area holds meetings

with the
managers of each department on

a monthly basis
to talk about trends and

training
opportunities within FIS.

The sale
auditors keep tabs on the

most current
timelines provided by

FNMA and FHLMC
and also provide

feedback on
trends within the different

states so they
can work with the attorneys on their

performance.
With these sale audits, the department is

able to provide
the data to clients to identify trending

within the
different states and attorney offices regarding

sales
performance.

All attorney
audits are based on the information

provided in the
attorney expectation document. The

attorney
auditors are able to assist with the updates on

the attorney
expectation document that is provided to

the FIS
attorney network. When trends are identified

within the
audits, QC discusses the finding with the firm.

With this, the
auditors are

able to make
sure all

attorneys are
on the same

page when
updating Process

Management so
the APR

data stays
consistent.

Strong and open
lines of

communication
within the

I

n April 2006,
FIS Foreclosure Solutions initiated
the

creation of a
Quality Control (QC) department to

audit staff and
network firms. Jennifer Anthony, a

manager in Foreclosure Attorney
Management at the

time, was asked
to develop and initiate this department.

The department
began with two associates auditing

staff members in
the Foreclosure

Attorney
Management area and two

associates
working on reporting for a

client. Shortly
thereafter, the team

expanded to
audit staff in Bankruptcy

Attorney
Management, Special Assets -

Title and
Litigation, Stop/Holds,

Bankruptcy Issue
Resolution, Document

Retrieval,
Bankruptcy Setups and

Bankruptcy
Closings. A specialized

group was later
created to audit sales each month.

In addition to
auditing internal functions, Jennifer’s

team developed a
random audit program to audit network

attorneys on
items completed in Process Management.

The Quality
Control department hires within FIS

Foreclosure Solutions to ensure that
each auditor has

the background
and knowledge of the department they

audit. The
department is broken down into four areas:

internal audits,
sales audits, attorney audits, and client

reporting.

The internal
auditors are specialized within the

departments they
audit. They are responsible for auditing

the FIS staff’s
daily functions such as re-projections,

issues, holds
and intercoms.

The sales
auditors are responsible for auditing all

sales that are
out of compliance each month by the end

of the month.
They review files from referral to sale

held and add any
allowable holds that were missed by

the attorneys or
clients. They also review for any

D

EPARTMENT

S

POTLIGHT

:
Q

UALITY

C

ONTROL

by Jennifer
Anthony

M

ANAGER

,
Q

UALITY

C

ONTROL

“W

HEN TRENDS
ARE

IDENTIFIED
WITHIN THE

AUDITS

, QC

DISCUSSES

THE FINDING
WITH

THE
FIRM

.”

Jennifer
Anthony

Manager

Page 11

V

OL

. 3
I

SSUE

4

T

HE

S

UMMIT

department are
vital to our success. The QC team has

an open door
policy for all areas and the team uses

each other to
bounce questions, concerns and issues

off one
another.

Some future
goals for this area are to audit all

departments
within the operations at FIS Foreclosure

Solutions and to start using
a new reporting method

within the
internal audit area. Additionally, the

knowledgeable
staff in the department may assist with

advanced
training for employees.

With all of the
growth in her area, Jennifer finds

satisfaction in
knowing that her area is beneficial to the

overall
performance of the company.

Elizabeth
Anselmo

Staff
Auditor

Katy
Grotjohn

Staff
Auditor

Mary
Kriesel

Staff
Auditor

Mary
Stenson

Staff
Auditor

Deana
Acosta

Attorney
Auditor

Lynn
Doyscher

Attorney
Auditor

Jennifer
Wersal

Sales/Staff
Auditor

Dava
Dawson

Client
Reports

Valestine
Hughes

Client
Reports

Wendi
Wilde

Sales
Auditor

Traci
Petsche

Sales
Auditor

Rebecca
Verdeja

Sales
Auditor

Tanya
Lindback

Sales
Auditor

Tara
McGraw

Sales
Auditor

Anne
Neal

Sales
Auditor

Jackie
Notch

Sales
Auditor

11

Page 12

12

T

HE

FIS
F

ORECLOSURE

S

OLUTIONS

,
I

NC

.

importance to
the mortgage servicing industry:

bankruptcy,
business planning and strategy, commercial

finance, real
estate, consumer financial services, and

litigation.
This model enables Carolyn and HWA to

provide
cost-effective and comprehensive advice and

representation
to mortgage servicers from payment

disputes to
class action defense.

Carolyn
established the firm’s default servicing

group when she
joined HWA in January

1994. On
individual, firm and client

levels, Carolyn
fosters the development

of leadership
qualities, a cooperative

sprit, and
pride and self-sufficiency in

work
performance.

To develop
these attributes, emphasis

is placed on
independent thinking while

imposing a
strong sense of responsibility

and
accountability among employees.

Carolyn also
provides her team with constant feedback

as to their
progress and accomplishments. At the same

time, Carolyn
and the section managers maintain an

“open door”
policy, ensuring they are always available

to assist
employees with challenging questions and

issues.
Finally, Carolyn utilizes a “buddy system” under

H

ughesWattersAskanase
(HWA) provides guidance

and solutions for mortgage
servicers caught in the

throes of the
subprime mortgage crisis and credit

crunch. A
full-service law firm based in Houston, HWA

is ideally
positioned to take on the broad ranging and

complex issues
faced by mortgage servicers and lenders

in the current
environment. HWA’s representation of

lenders and
servicers provides it with a unique

perspective on
the issues currently

plaguing the
mortgage industry.

Carolyn Taylor,
manager of HWA’s

default
servicing group, was a critical

component in the
evolution of the firm

from a
specialized boutique to a full-

service
commercial firm. Prior to her

arrival, HWA
focused primarily on real

estate and
trustee/debtor bankruptcy

representation.
The establishment and

growth of
Carolyn’s mortgage servicing practice

exposed HWA
first-hand to the myriad of issues faced

by mortgage
servicers, leading the firm to expand its

capabilities to
confront these issues.

Today, HWA has
wide-ranging expertise and

experience in
six interrelated areas of particular

L

TO

R:
C

AROLYN

T

AYLOR
AND

D

OMINIQUE

V

ARNER

are partners at
HWA. Carolyn is also the manager of

firm’s default
servicing group.

F

IRM

S

POTLIGHT

:
H

UGHES

W

ATTERS

&
A

SKANASE

by Carolyn
Taylor

M

ANAGER

,
H

UGHES

W

ATTERS

&
A

SKANASE

“HWA’s
representation

of lenders and
servicers

provides it
with a

unique
perspective on

the issues
currently

plaguing the
mortgage

industry.”

S

U
M

Page 13

13

V

OL

. 3
I

SSUE

4

T

HE

S

UMMIT

M I
T

The emphasis on
strong moral and ethical

practices,
coupled with prompt client communication

and timely
results, are the foundations for HWA’s

unparalleled
services and its stellar reputation with

clients,
colleagues, and members of the judiciary.

As a member of
FIS Foreclosure Solutions’

Attorney
Roundtable, HWA will continue to work with

the FIS
management team to address current industry

challenges.

which each team
member is paired with a “back-up

buddy” who has
been trained to provide additional

support when
needed and fill in when the primary

member is out of
the office.

To develop these
attributes on the client level, work

is assigned to
team members based on client and matter

type rather than
task. Carolyn also encourages open

communication
between the HWA team and clients.

This enables
team members to develop personal

relationships
and partnerships with Fidelity and
client

representatives.
That philosophy and collective team

work culminated
in the selection of HWA to

participate in
the Freddie Mac Designated Counsel

Program (Texas).

The firm’s
partnership with FIS Foreclosure

Solutions, which began in
October 2004, continues to

develop and
prosper to meet the demands of the

expanding client
base. The Texas FIS Foreclosure

Solutions specialists and
management team have always

been willing go
the extra mile to resolve issues and

provide the
utmost in service for our mutual clients.

This hard work
and dedication made it possible for

HWA to receive
the Service Excellence Award (2005-

2006) and the Summit Award (2006-2007)at
FIS

Foreclosure Solutions’ Annual Attorney
Summit.

F

RONT

R

OW

: Theresa
Medrano, Tiana Santos, Niayana Goonie, Janice

Vessella, Capri
Savage, Carolyn Taylor, Valeria Bertolini, Tiffany

Bazaldua,
Shameeza Alli,

S

ECOND

R

OW

: Steve
Bedinghaus, Cassie Riner, Jarusha Harris

Gena Mayss,
Gail Sheridan, Emily Corriden, Melinda Pieper, Robert

Vasquez,
Catherine Zeis

T

HIRD

R

OW

: Kelly
Sarabok, Brendetta Scott, Dominique Varner, Trish

Corriden, Karen
Dockens, Tina Pavlock

H

UGHES

W

ATTERS

ATTERS

&
A

SKANASE

SKANASE

Page 14

The delinquency
problems in California, Florida,

Nevada and
Arizona are exacerbated by declining home

values, high
inventories of houses, and a much higher

percentage of
“investor loans” where the borrower is not

living in the
house. For example, in Nevada, 32 percent of

mortgages in foreclosure are investor
loans. In Arizona,

the rate is 26
percent. Florida’s rate is 25 percent and

California’s
rate is 21 percent. The national average is
only

13
percent.

In addition to
geography, the type of

mortgage loan
is a key determiner in the

likelihood of
default. Contrary to popular

opinion, the
division is not between prime

and subprime
loans. The division is between

fixed and
adjustable rate loans. The

delinquency
rate of prime fixed rate loans

has stayed
current, with subprime fixed

rate loans
decreasing in delinquency. On

the other hand,
the rate of delinquency is increasing

moderately for
prime adjustable rate loans and it is

increasing
dramatically for subprime adjustable rate loans.

When mortgage
loan professionals understand the true

nature of the
current delinquency problem, they can make

better
decisions regarding loss mitigation. On a national

scale, one size
does not fit all. A fixed rate loan default in

Utah, for
example, should be administered differently

than an
adjustable rate loan in default in Nevada.

Extraordinary
loss mitigation measures should be

reserved for
adjustable rate loan defaults or defaults in those

very few states
where foreclosures are truly skyrocketing.

P

ick up a
newspaper and the headlines will jump out at

you:
“Foreclosures Skyrocketing!” Turn on the television

and you will be
bombarded by reports on how the financial

sky is falling
with property values dropping, lenders running

out of money to
lend, and foreclosures running rampant.

A barrage of
gloomy financial reports has diminished the

public’s
confidence in the housing and lending markets.

As a result,
most people believe the loan delinquency

problem affects
the entire nation.

Truthfully, the
mortgage default problem

is limited to
certain types of loans and

certain
geographical areas. As professionals

in the mortgage
industry, we should look

beyond the
headlines to fully understand

the
problem.

Without a doubt,
the delinquency rate

for residential
mortgage loans is on the rise.

The Mortgage
Bankers Association recently

calculated that
delinquent mortgage loans (excluding

loans in foreclosure) are currently
5.12 percent of all

mortgage loans.
This is an increase from 4.39 percent a

year ago.
Foreclosures rates have also risen. The percentage

of mortgage
loans in foreclosure is
currently 1.40 percent

of all mortgage
loans. A year ago, the foreclosure rate
was

0.99 percent.

However, national averages hide the
real story about

these
statistics. The increase in national foreclosure
rates

is currently
caused by only four states: California, Florida,

Nevada and
Arizona. If these four states were excluded

from the
calculation, the national
foreclosure rate
would

actually be
declining. In reality, 34 states are showing a

decline in foreclosure rates, 12 states
are showing modest

increases and
only four states are showing substantial

increases. The
newspaper headlines should exclaim that

two-thirds of
all states show declining foreclosure rates.

L

OOKING

B

EYOND
THE

H

EADLINES

by Marlon
Bates

S

CALLEY

R

EADING

B

ATES

H

ANSEN

&
R

ASMUSSEN

,
P.C.

14

“T

HE INCREASE
IN

NATIONAL FORECLOSURE

RATES IS
CURRENTLY

CAUSED BY ONLY
FOUR

STATES

:
C

ALIFORNIA

,

F

LORIDA

,
N

EVADA

AND

A

RIZONA

.”

FIS
F

ORECLOSURE

S

OLUTIONS

,
I

NC

.

Marlon Bates is
the managing partner of Scalley

Reading Bates
Hansen & Rasmussen, P.C. in Salt Lake

City. The
primary focus of his practice is lender

support,
including foreclosures, bankruptcy, evictions,

loan workouts,
loan documentation, and litigation.

Page 15

S

TATE

Y

OUR

C

ASE

15

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. 3
I

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4

T

HE

S

UMMIT

“Probably the
biggest area where we are assisting the client in the loss mitigation area is in
the preparation of modification

agreements. We
are receiving a huge volume of requests for these. We work directly with the
loss mitigation department to

hammer out the
terms of the mod, quickly prepare it, then express the mod to the customer. In
Florida, there is no requirement

that these
modifications be recorded in the public records. We have also stepped up letter
writing campaigns both before and

during the foreclosure. We have found
this to be a very effective way of beginning communications and possible
workouts.”

- Dan
Consuegra

Law Offices of
Daniel C. Consuegra (Fla.)

“Our group has a
pre-foreclosure loss mit
program in both our judicial and non-judicial states. We have a Chapter 7
Motion

For Relief/First
Meeting of Creditors Program, a program for judicial foreclosures in Cleveland
rather than the backlogs and

delays in
Cuyahoga County Common Pleas Court, and a program that includes a Notice of Loss
Mitigation in every judicial

foreclosure our firm files.
We have designed these programs so that there is no cost or expense back to the
lender or servicer.”

- Frank J.
Veneziano

Weltman,
Weinberg and Reis Co., L.P.A. (Ill., Mich., Ohio, Pa.)

“We have drafted
a letter that outlines loss mitigation opportunities for homeowners who truly
want to remain in their homes.

This letter is
either mailed to the homeowner the day the complaint is filed or some servicers
have us send the letter along with

the complaint
and same is served by a private process server. When a borrower calls because of
the letter or otherwise, we

provide the
borrower with a toll-free loss mitigation number and offer to transfer the
borrower (hot transfer) to a loss mitigation

account manager
who interacts with the borrower to determine whether or not that individual is a
candidate for any loss

mitigation
programs. When a borrower calls this firm, we immediately provide the servicer
with a way to contact the borrower.”

- Dennis V.
Ferguson

Reisenfeld
& Associates (Ind., Ky., Ohio)

“Virginia is a
trustee state, and the trustee has fiduciary duties to both the noteholder and
borrower. Thus, it is very difficult

to negotiate
terms of loss mitigation plans without the risk of being subject to a complaint
alleging violation of those duties

by favoring the
noteholder’s interests should a loss mitigation plan later fail. However, we do
support loss mitigation efforts

by drafting
forbearance plans, loan modification documents, and deeds in lien of foreclosure in accordance
with the terms

negotiated by
the noteholder or servicer.”

- Richard
Knee

Glasser and
Glasser, P.L.C. (Va.)

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

Because of
increases in foreclosure
volumes, some servicers are pursuing loss mitigation efforts as

alternatives
to foreclosure. In what
loss mitigation efforts by servicers has your firm taken
part?

As the mortgage
industry continues to evolve with new business styles, strategies, and
industry

standards, we
would like to readers to share their thoughts on these changes. In order to
accomplish

this, we pose a
mortgage industry question in The Summit newsletter to
obtain feedback on a

particular
topic. The question for this issue is:

Is your firm
aware of any pending legislation in specific states that could
affect

foreclosure rates (such as
state-imposed moratoriums or other
interventions)?

Please submit
responses to this topic to [email-masked] with subject line, “State Your
Case.”

Page 16

16

T

HE

FIS
F

ORECLOSURE

S

OLUTIONS

,
I

NC

.

“I would like to
recognize Sue Forder of Moss
Codilis. She is good to work with and is always looking to help
shorten

timelines with
her proactive approach.”

- Andrew
Fuerstenberger, Special Assets manager

“Over the past
few months, I have worked closely with the litigation group at the Ben Ezra Law Firm. The entire

litigation staff
has been very responsive and helpful and has made great efforts in streamlining
how a specific client’s loans

are handled.
Managing attorney David Rodstein took the time to contact both the client and
FIS Foreclosure Solutions

to determine
what information was needed and when it was needed to ensure the client and FIS
were able to make a

quick decision
on how to proceed with litigated matters. This determination and interest,
shared by the entire litigation

team at Ben
Ezra’s office, has made a significant difference in the timeline of litigated
files.”

- Keri Gaber,
Special Assets lead

“Andrew Goldberg
of Rosicki, Rosicki & Associates
provides immediate response times. Any time I send a request
to

Andrew regarding
a client’s edit project, whether it’s additional instructions for an amended POC
or a request to amend

a form in
Process Management, he usually responds within the hour to advise that the issue
is being taken care of and it

is always
successfully completed.”

- Brian Swanner,
Reporting specialist

“Shapiro & Ingle is thorough with
explanations, quick in responses and has assisted numerous times with the
retrieval

of POC’s for
aged cases and processes that were not assigned to their firm. This firm,
specifically Shela Dickey and

Denetra Oot,
always goes above and beyond to provide exceptional communication to service our
company, teams and

clients. Their
guidance and support, on a daily basis, is very much appreciated.”

- Chalonda
Brinson, Bankruptcy specialist

“Zucker, Goldberg & Ackerman responds to
intercoms and emails quickly and makes sure the job is done at the
end

of the day. I
would like to especially recognize Tina Saggio, who is a big asset to both the
attorney’s office and FIS. She

is a
conscientious worker who takes the time to make great comments in Process
Management along with making sure

the Core is
complete everyday. She is also very friendly and cares about her
work.”

- Donna Kalb, Foreclosure Attorney
Management representative

“I would like to
recognize Alex Maltez from Bierman, Geesing
& Ward, LLC. He has been an incredible resource.

When I contact
this firm, Alex is always available and provides consistent, reliable
information to aid the
client.”<