FIDELITY NATIONAL TITLE AND LPS AGREEMENT-FORECLOSURE MILLS 2011-12-16 -EXHIBIT

8/3/2019 FIDELITY NATIONAL TITLE AND LPS AGREEMENT-FORECLOSURE MILLS 2011-12-16 -EXHIBIT

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CATHERINE CORTEZ MASTOAttorney GeneralBINU G. PALAL

D E t 1 6 1 1 3 7 A M ' 1 1Deputy Attorney GeneralNevada Bar No. 0101784 555 E. Washington Avenue, #3900

Las Vegas, Nevada 891015 702-486-3128 ph I 702-486-3283 faxE-mail: [email protected] Attorneys for Plaintiff, State of Nevada

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DISTRICT COURTCLARK COUNTYt NEVADA)))))))))))))

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STATE OF NEVADA,Plaintiff,

vs. CASE NO.: A-11-653289-BDEPT. NO.: XILENDER PROCESSING SERVICES, INC.;FIDELITY NATIONAL INFORMATIONSERVICE, INC.;LPS DEFAULT SOLUTIONS, INC.;DOCX, LLC; DOES I-XX,

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1 1 1 ~ I I I I I I U l I I \ l l l i l lefendants.EXHIBIT uKtI

FILED UNDER SEAL

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mailto:[email protected]:[email protected]


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EXHIBITK

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Confidential Treatment Requested by Lender Processing Services, Inc. NVAG-LPS-V2-0 196062

NETWORK AGREEMENT

THIS NETWORK AGREEMENT ("Agreement") is made between Fidelity NationalForeclosure & Bankruptcy Solutions, a division of Fidelity National Title Company, a Delawarecorporation ("Fidelity") and McCarthy, Holthus, Hosch and Baum (the "Finn") (collectively the"Parties").

WHEREAS, the Firm wishes to provide to Fidelity and its Clients various legal servicesthat may include matters related to mortgage foreclosures and bankruptcies, as well [I S other loandefault services in Nevada (the "Jurisdiction");

WHEREAS, Fidelity wishes to provide the Firm various administrative services relatedto mortgage foreclosures, bankruptcies, and other loan default services; and

WHEREAS, each Party wishes to provide these services to the other on the terms andconditions set forth below;

NOW, THEREFORE, the Parties agree as follows:Section I. Services. During the term of this Agreement (the "Services Period"),

each Party shall provide the other with the services set forth in Exhibit A ("the "Services"). TheParties agree to use their best efforts to provide Services in a timely and professional manner.The Parties may periodically agree in writing to add or delete Services listed in Exhibit A. WhenServices are added, they shall become "Services" for purposes of this Agreement. All Servicesprovided by the Firm shall be in accordance with applicable security instrument(s), as well asfederal, state and local laws and practice. The Firm is responsible for identifying any actual orpotential contlict of interest during the term of representation. If the Firm does not performaccording to the terms outlined below, Fidelity reserves the right to immediately remove existingfiles from the Firm in accordance with Section 15 below and discontinue referring new files orother legal matters to the Firm.

Section 2. Referrals. The Firm acknowledges that Fidelity has the right to enterinto Network Agreements with other law firms at any time. Fidelity may decide which defaultmatters are to be referred to the Firm ("Referrals") and is not obligated to make a minimumnumber of Referrals to the Firm. By accepting Referrals, the Firm agrees to the terms of thisAgreement and waives any right to assert attorney liens or similar charging liens for payment ofservices or otherwise against such files. If Fidelity and/or the Client subsequently terminates anindividual referral, the transfer provisions of Section 15 below shall apply.

Section 3. ~.(a) The fees for Services performed are set forth in Exhibit 8, Exhibit C, and

Exhibit 0 (the "Fees"). These Fees are based upon governmental, quasi-governmentalagency, or contractual guidelines. The Parties may mutually agree in writing to amendExhibits B, C and D. Except as specifically provided in Exhibits B, C and D, all Servicesshall be performed for flat Fees. If FNMA, FI-lLMC, FHA, and/or the VA revise their feeguidelines, or a contract is revised, the revised fee guidelines shall become "Fees" forpurposes of this Agreement and shall apply to all Referrals on or after the effective dateof the revised fcc guidelines.


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Confidential Treatment Requested by Lender Processing Services, Inc. NVAG"LPS"V2"0196063

(b) If Exhibits B, C, or D provide for the conversion to an hourly fec, withthe exception noted in 3(c) below, such conversion may occur only after Fidelity hasgiven prior written approval.

(c) The Firm may convert to an hourly fee when, in its discretion, itdetermines that there is a strong likelihood that Fidelity and/or the Client will sufferirreversible loss if immediate action is not taken. If the Firm makes such a determination,it shall seek Fidelity's approval for the conversion within one business day. If Fidelitydenies approval, the Firm is nevertheless entitled to bill the emergency work completedto that point on an hourly fee basis.

(d) The Firm recognizes that interest and expenses accrue daily on eachReferral. Any penalties assessed by the Client for delays resulting from the Firm'sactions Of inaction will be paid by the Firm. Without limiting any other provisions of theAgreement, this provision, together with Section 15 below, shall survive termination ofthe Agreement by either Party.Section 4. Expenses. The Firm agrees to advance all fees necessary to meet the

costs and expenses required in handling the matters assigned. The Firm agrees that expenses fortelephone calls, express or certified mail, postage, copying, faxing, courier charges, electronicresearch (Lexis, WestLaw, etc.), PACER and/or Banko charges, travel time and related expenses,and mileage are not reimbursable unless required by law. If any of these charges are required bystatute, the Firm shall so indicate.

Section 5. Payment for Services. All invoices for services and costs are to besubmitted electronically by the Firm via the Newlnvoice invoice processing system, or such otherelectronic invoice processing system required by the Client, within twenty-four (24) hours afterthe property is sold (in the case of a foreclosure) or the completion of any other Services. TheFirm will be paid on its invoices directly by the Client. In no event shall Fidelity be deemed to bea guarantor of, or otherwise responsible for, any obligation of the Client. Within the thirty (30)days following each Referral, the Firm will be invoiced separately by Fidelity for theadministrative fees set forth in Exhibits B, C and D. Said invoices shall be due and payablewithin thirty (30) days of receipt by the Firm.

Section 6. Insurance. The Finn agrees to maintain in full force and effect aProfessional Liability Policy. The minimum amount of coverage shall not be less than OneMillion Dollars ($1,000,000.00) per occurrence. The Firm shall provide proof of Insurance toFidelity on an annual basis and at sueh other times as may reasonably be requested. The Firmshall immediately notify Fidelity in writing of any changes in coverage, or impendingtermination, expiration, or lapse of Insurance.

Section 7. Representation of Client. For purposes of this Agreement, Fidelity'sservicer/investor clients (the "Client") shall be considered the mutual clients of both Fidelity andthe Firm. Fidelity shall be considered the agent of each servicerlinvcstor Client. The Firm willnever be prohibited from directly contacting any Client where, in the professional opinion of theFirm. such contact is necessary. Whenever possible, thc Firm shall order title from FidelityNational Title/Chicago Title! Alamo Title/Ticor Title/Security Union Title.

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,Section 8. Communication Between Parties.(a) General Communication. The Firm shall update AMOS web or Lenstar, whenapplicable. The Firm shall provide written or electronic status reports on Referrals asreasonably required by Fidelity. The Finn shall respond to all written or oral requestsfrom Fidelity Account Representatives within one business day. Fidelity reserves therights and remedies available at law or in equity for the Firm's failure to perfoml any ofits obligations hereunder.(b) Updates. Fidelity shall periodically provide the Firm policy and procedurechanges in the form of a Fidelity Network Update ("Update"). The Update shall be sentto the Firm either by facsimile or electronic mail. The Update shall be sent to thefacsimile number or e-mail address noted in the Notice Section below. The Firm agreesto incorporate these Updates with the existing policies and procedures. The terms of anyUpdate shall apply to the Parties as of the effective date indicated in the Update. TheFinn takes full responsibility for disseminating the information to its staff. The Firmshall promptly bring to the attention of Fidelity any issue, claim or dispute which mayhave important legal, public relations or policy implications for the Client.Section 9. Annual Information. The Firm shall provide Fidelity with the

following information on an annual basis: (a) Firm resume; (b) a list of all personnel working onReferrals, along with each individual's title and qualifications; (c) a list of the status of allattorneys and professionals with the Finn, including bar registrations, professional associations,and any disciplinary notices or proceedings; and (d) a letter certifying that the statements inSection 12(i) and (ii) are correct.

Section 10. Complete Information. Fidelity shall fully cooperate with the Firm andmake a good faith effort to promptly provide the Firm with all relevant information on eachReferral. The Finn will review the information provided to ensure that it is sufficient to processeach Referral. If the Finn believes that the information is incomplete, the Firm will immediatelyrequest the missing information from Fidelity.

Section 11. ConfidentiaUty. Privileged information supplied to the Firm by Fidelityshall be kept confidential in accordance with applicable rules of professional conduct.Notwithstanding anything in this Agreement to the contrary, the Firm shall comply with allprivacy and data protection laws, rules, and regulations which arc or which may in the future beapplicable to the Services. The Firm agrees that it will keep confidential and will not usc nordisclose to any other party any nonpublic personal information which it receives from or onbehalf of the Client in connection with providing Services under this Agreement, except toperform Services under this Agreement. The term "nonpublic personal information" shall havethe meanings set forth in Section 509 of the Gramm-Leach Bliley Act (P.L 106-102)(15 U.S.C.Section 6809) and implementing regulations thereof. These obligations shall survive terminationof this Agreement.

Section 12. Equal Opportunity. The Parties agree that they shall not discriminateagainst any employee or applicant for employment because of race, creed, color, age, sex,national origin, marital status, liabili ty for service in the armed forces, disability due to veteranstatus, status as a veteran of the Vietnam era, or the handicapped. The Parties further agree thatthey shall comply with all the requirements of the Equal Opportunity Clause set forth inExecutive Order 11246, as amended, and its implementing instructions, as well as theRehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

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Confidential Treatment Requested by Lender Processing Services, Inc. NVAG-LPS-V2-0196064


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Confidential Treatment Requested by Lender Processing Services, Inc. NVAG-LPS-V2-0 196065

T he P arties certify they do not and shall not m aintain facilit ies for their em ployees in a segregatedm anner or perm it their em ployees to perform their services at any location under their controlw h er e s eg re ga te d f ac il iti es a re m a in ta in ed .

S ection ]3 . A uthorization; Binding A greem ent; G ood S tanding. The Firm hasfull pow er and authority to ex ecute and deliver this A greem ent and to perform its ob ligationshereunder . T his A greem ent has b een duly ex ecuted and delivered b y the Firm and constitutes alegal, valid and b inding ob ligation, enforceab le against the F irm according to its term s, N eitherthe Firm , nor any partner , m em ber, officer , a ttorney or em ployee of the Finn (i) has b een or iscu rr en tly u nd er in vesti gati on b y a ny g ov er nm e ntal au th or ity o r p ro fessio nal o rg an iz ati on fo r an yal leg ed v io la tio n o r b reach o f a pp lic ab le r ules o r co de o f p ro fessio nal r esp on si bili ty , a nyapplicab le codes of ethics, or any applicab le rules of m oral or ethical conduct that areprom ulgated b y a state C0U11, r eg ul ato ry ag en cy o r p ro fe ssio na l l ice nsi ng e ntity , o r ( ii) h as b ee nconvicted of or is under investigation for any crim e involving m oral turpitude. The Firm w illcom ply w ith all law s, rules and codes describ ed in ( i) and (ii) ab ov e, an d sh all im m e di ate ly n oti fyF idelity if the Firm , or any of its representatives, is b eing investigated for or violates any law ora pp li ca bl e r ul e o f p ro fe ss io na l c on du ct.

Sect ion 14 . N otices. A ny notices required b y this A greem ent shall b e in w riting andd eli ver ed b y r eg ister ed m a il , o ver nig ht co ur ie r se rv ice , telex , tel eg rap h or t el e fa x commun ica ti on,a dd re ss ed a s f ol lo ws :

I n th e ca se o f F id el ity :F id el it y N a ti on al F or ec lo su re & B a nk ru pt cy So l ut io ns1 2 70 N orthland D rive, S uite 2 00M endota H eights, M N 551 20A tte ntio n: L aw ren ce C . D in gm a nn , Jr .Telefax: ( 65 1 ) 2 3 4 -3 6 01E-ma i l : lany.dinbrmann@fnfs .nct

In the case of the Firm :M cC arthy, H olthus, H osch and Baum1 57 2 S econd A venueS a n D ieg o, C ali fo rn ia 9 21 01 -3 00 6A tt en ti on : K ev in M c Ca rt hyT el ep ho ne : ( 7 1 4) 558-0488T ele fa x: ( 71 4) 5 58 -0 79 3E -ma i l : kmcear t hy ( a)n at iunalmo r tg age law . com

or at such other address or persons as a P3 1 iy m ay designate in w riting.S ection 1 5. Term ination. I f a Party b reaches any term or condition of thisA greem ent, or fails to perform any ob ligation contained in this A greem ent, then the non-defaulting Party m ay im m ediately term inate this A greem ent upon w ritten notice . T hisA greem ent is also term inab le upon 3 0 days written notice b y either Party at any tim e for anyreason. I f the F irm term inates this A greem ent, i t w ill take such reasonab le steps as are necessary

to protect the interests of b oth F idelity and the C lient. r f the Firm is directed to return any or all

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mailto:[email protected]:[email protected]


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Confidential Treatment Requested by Lender Processing Services, Inc. NVAG-LPS- V2-0196066

files, the Firm shall do so within three (3) business days from receipt of said request, along with asubstitution of attorney / substi tution of trustee. All original documents, correspondence, andpleadings shall be returned with the file, along with a copy of the entire file, at no expense toeither Fidelity or the Client. In addition, upon completion of the file by substitute counsel, theFirm shall render a final bill for its fee in accordance with the attached Schedule/s) C. The Finnacknowledges that the Firm's legal file, together with all documents, papers and funds held inconnection with any of the Services provided, remain the sole property of the Client and must bereturned promptly to Fidelity upon termination. In the event the Firm refuses to promptly returnsaid files as requested, the Finn agrees it will be liable for any loss incurred. Such losses include,but arc not limited to, per diem interest charges.

Section 16. Indemnification. The Finn agrees to indemnify and hold harmlessFidelity and its Clients ("Indemnified Parties"). The Firm will fully reimburse the IndemnifiedParties for any losses, liabilit ies, penalties, damages, expenses, or other harm or injury which theIndemnified Party may incur or suffer, or which may be asserted by any person or entity,including, but not limited to, reasonable attorney's fees and court costs proximately caused bynegligence or intentionally wrongful conduct of the Firm. The Firm also 3wees to indemnify theIndemnified Parties for failure to meet any predetermined time frames/deadlines and procedures.as established by the Client, proximately caused by negligence or intentionally wrongfu Iconductof the Firm.

(a) Outside Counsel. The Firm assumes all responsibility for the acts and omissionsof any outside counselor "of counsel" retained by the Firm (for example, counselretained to assist in litigation or counsel retained to make court appearances in remotecounties). The Firm assumes all responsibility for any subcontractor or independentcontractor engaged directly by the Firm.(b) Excess Fees. The Finn shall reimburse the Client for any fees which are inexcess of the agreed schedule of fees or which exceed any amount allowed by applicableGuidelines. Expenses paid after conveyance, overcharges, or penalties resulting fromviolations or errors will be the sole responsibility of the Firm.Section 17. Successors and Assigns. This Agreement is binding upon and inures to

the benefit of the Parties and their respective partners, heirs, executors, administrators,representatives, successors, and permitted assigns.

Section 18. Assignment. No rights or obligations of either Pa11ymay be assigned toany other person or entity without the prior written consent of the other.

Section 19. Miscellaneous. This Agreement contains the entire understanding of theParties. No provision may be altered, amended, modified, waived or discharged in any way,except by written agreement of both Parties. If any provision of this Agreement is found to bevoid or unenforceable, the remainder of this Agreement shall not be affected.

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Section 20. Termination of Prior A\.!reemcnt. This Agreement, including allExhibits, contains the entire Agreement between the Parties relating to the subject matter hereof.All prior Agreements and all prior negotiations, representations, and communications relating tothe same subject matter are superseded by this Agreement,IN WITNESS WHEREOF, the Parties have executed this Agreement this __ day of__________ , 200_.

FIDELITY NATIONAL FORECLOSURE &BANKRUPTCY SOLUTIONS, a division ofIt'IDELlTY NATIONAL TITLE COMPANY

McCARTHY, HOLTHUS, IIOSCIiAND8AUM

8y: _Lawrence C. Dingmann, Jr.Vice President and Division Counsel Its: _

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EXHIBIT AFIDELITY NATIONAL FORECLOSURE SOLUTIONS NETWORK SCHEDULE OF SERVICES

STATE:FIRM:DATE:

NevadaMcCarthy, Holthus, Hosch and BaumAUTODATE

SECTION I. SERVICES PROVIDED BY THE FIRM TO FIDELITYA. The Firm shall provide Fidelity and its clients with competent legal representation on all

Referrals, including adherence to appropriate standards of professional conduct;B. Inc Firm shall provide Fidelity and its clients with legal representation in a manner

consistent with, and in compliance with, Fidelity's standards and procedures;C. The Finn shall provide Fidelity and its clients with expertise and knowledge related to the

law and legal practice in the Jurisdiction and notifying Fidelity of changes in law related tothe law and practices related to the Referrals;

D. In the state of Nevada, the Finn shall institute foreclosure proceedings in such manner as isrequired by the applicable investor guidelines. and take all the steps necessary to bring theforeclosure to sale within 12 0 days after the matter is referred by Fidelity 10 the Finn, unlesseither: (i) the borrower files for bankruptcy; or (ii) Fidelity and the Finn mutually agree anevent has occurred which has caused a permissible delay in the foreclosure;

E. In connection with bankruptcy Referrals, the Finn shall, upon request by Fidelity: (i) attend341 hearings; (ii) object to the debtor's plan; (iii) file a motion for adequate protection; (iv)file a motion for relief from stay; (v) process a consent order/stipulation; (vi) prepare andsend demand letters; and (vii) process other reasonable requests by Fidelity;F. The Firm shall follow these timeframes for bankruptcy Referrals: (i) file a motion for relieffrom stay within 5 days after receipt of the Referral, unless a particular client requires adifferent timeframe; (ii) communicate motion filing and hearing results to Fidelity within 24hours, and email final orders immediately upon receipt; and (iii) obtain relief from stay within45 days after receipt of the Referral, unless Fidelity and the Firm agree an event has OCCUlTedwhich has caused a permissible delay in the bankruptcy;

G. In connection with replevin actions, the Firm shall follow the timcfrnmcs and communicationrequirements as provided by Fidelity's standards and procedures: and

H. The Firm shall update AMOS web or Lcnstar, where applicable.SECTION II. SERVICES PROVIDED BY FIDELITY TO THE FIRM

A. Fidelity shall maintain a national network ("Network") of service oriented attorneys whohandle Referrals;

B. Fidelity shall develop and implement marketing services to obtain clients for the Network;C . Fidelity shall prepare and deliver complete Referral packages to the Firm;D. Fidelity shall monitor the Referrals for compliance with investor and client due diligenceguidelines;E. Fidelity shall facilitate client communication and provide pCI' event, per loan and portfoliospecific reports to clients regarding Referral status;F. Fidelity shall maintain loan data and documentation in client files and computer systems;G. Fidelity shall facilitate judgment figure calculations, as applicable;H. Fidelity shall calculate and process the VA 567 fonn and maintain the responsibility on

providing this to the VA in the appropriate timeframes, when applicable;

AUTOPATH AUTODATE



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EXHIHITA

FIDELITY NATIONAL FORECLOSURE SOLUTIONS NETWORK SCHEDULE OF SERV/CES

SECTION II. SERVICES PROVIDED BY FIDELITY TO THE FIRMr . Fidelity shall facilitate the calculations of all bids and provide them to the Finn in a timely

manner;J. Fidelity shall prepare and mail all HUD Occupancy letters to the mortgagor, mortgagee and

HUD, as applicable;K. Fidelity shall facilitate the ordering of all broker's price opinions and appraisals, and provide

them to the appropriate parties, when applicable;L. Fidelity shall maintain all direct contact with the loan servicing customer and work with the

customer on processing appropriate information requested by the mortgagor. Such caseswould include working with the collection/loss mitigation department on approval for Deedin Lieu's, short pays and repayment plans and the like;

M. Fidelity shall maintain contact with investors, agencies, mortgage insurance companies andother appropriate signatory offices to obtain executed documents needed in the foreclosure,bankruptcy, or other action;

N. Fidelity shall request all VA cut off extensions if advised by the Finn that we arc unable tomeet the required timeframes, when applicable;

O. Fidelity shall request all HUD first action extensions if advised by the Finn that we arcunable to meet the required time frame, when applicable;

P. Fidelity shall prepare and track the filing of any Proof of Claim required in an applicablebankruptcy;

Q. Fidelity shall oversee the plan review process in connection with an applicable bankruptcy;R. Fidelity shall compile figures and financials for any bankruptcy Referral:S. Fidelity shall assemble the loan documents for any bankruptcy Referral;T. Fidelity shall compile, scan, and email all necessary information to the Firm;U. Fidelity shall monitor the status of an applicable motion for relief from stay;V. Fidelity shall assist in the research of billing inquiries and breakdowns;W. Fidelity shall order valuations, as applicable;X . fidelity shall facilitate the calculation of post petition and contractual reinstatement figures;Y. Fidelity shall approve agreed order terms;Z. Fidelity shall track and monitor agreed order payments:AA. Fidelity shall track and review the final bankruptcy order;BB. Fidelity shall, when requested, close the client's bankruptcy tracking system;Cc. Fidelity shall provide direction to the Finn for institution or reinstituticn of a foreclosure

action after the appropriate bankruptcy issues have been resolved to permit same, whenapplicable;

DO. Fidelity shall monitor the status of a replevin action, when applicable;EE. Fidelity shall endeavor to standardize all processes and procedures requisite to managingdefaulted loans from its multi-loan scrvicer, multi-platform customer base to provideoperational and communication efficiencies to the Firm.

AUTOPATH AUTODATE

Confidential Treatment Requested by Lender Processing Services, Inc. NVAG- LPS-V2-0195722


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' EXHIBITBLPS DEFAULT SOLUTIONS

NETWORK FEES FOR SERVICES SCHEDULE FOR American Home Mortgage Servicing, Inc.State: NevadaFirm: McCarthy & HolthusDate: October 2 0, 2 00 9

Fees Paid by AttyFees Billed to Client to Fidelity(Client Amount) (Admin Fees)*

I. FORECLOSURE FEES*A. Freddie Mac $500.00 $0.00B . FHA S650.00 $65.00C. VA S600.00 $65.00D. Fannie Mae S600.00 $0.00E . Other Loan Types 5600.00 $65.00II. EVICTION FEESA. Freddie Mac $650.00 $0.00B . FHA $375.00 $32.50C. VA Directed by VA Directed by VAD. Fannie Mae $350.00 $0.00E. Other Loan Types $350.00 $32.50III. DEED IN LIEU OF FORECLOSUREA. Freddie Mac $250.00 $0.00B . FHA $400.00 $47.50C. VA $350.00 $47.50D. Fannie Mae $350.00 $0.00E. Other Loan Types $350.00 $47.50

NOTE: For loans not subject to G.S. E. or Government Agency prescribed flat fees, FNMA fee caps will a

V. ADDITIONAL REQUESTSA. Demand Letter (with AHMSl's approval) $35.00 $0.00Draft ing Missing Documents (plus out of pocketB. expenses such as recording fee) $35.00 $0.00C. Title Claim Demand (flat fee) $100.00 $0.00

Lost Note Affidavit (Plus out of pocket expensesD. if approved by AHMSI) $35.00 $0.00

Nonstandard Per Hour Fee (Unless raised byE . AHMSI at a firm's request) $175.00 $0.00L. All Other Costs Pass Through $0.00

VI. BANKRUPTCY FEES*Page 1or 12



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Fees Billed to Client(Client Amount)

Fees Paid by AUyto Fidefity

(Admin Fees)*

EXHIBIT BLPS DEFAULT SOLUTIONS

NETWORK FEES FOR SERVICES SCHEDULE FOR American Home Mortgage Servicing, Inc.

Claim and Request for Notice $150.00(2) Amended Proof of Claim Excess Fcc Request(3) Defense of Proof of Claim Excess Fee Request

B. Motion for Relief (MFR), One or Two Hearings, and Order(I) MFR Complete(2) MFR prepped and filed(3) MFR File Review (No Motion Filed)

FNMAtI. Chapter 7

A. Proof of Claim(I) Preparation and Filing of Proof of

$30.00$0.00$0.00

$550.00$400.00$200.00

$90.00$40.00$40,00$90.00. Additional Motion for Relief (MFR) (Same Ca Excess Fcc Request

(I) Plan Review(2) Objection to Plan

C. Motion for Relief (MFR), One or Two Hearings, and Order(I) MFR Complete(2) MFR MFR prepped and filed(3) MFR File Review (No Motion Filed)

D. Additional Motion for Relief(MFR) (Same C1E. Agreed Order Default

(I) Notice of Default/Stay Termination(2) Court Certif ication of Default/Stay Tcrmu

(I) Preparation and Filing of Proof ofClaim and Request for Notice(2) Amended Proof of Claim(3) Defense of Proof of Claim

B. Plan(I) Plan Review(2) Objection to Plan

C. Motion for Relief (MFR), Om: or Two Hear ingD. Additional Motion for Relief(MFR) (Same C1E. Agreed Order Default

(I) Notice of Default/Stay Termination Excess Fee Request $0.00(2) Court Certification of Default/Stay Tcrmii Excess Fee Request $0.00

t Fees for adversary proceedings or any other fees not covered in the above schedule must be

2. Chapter 13A. Proof of Claim


B. Plan

3, Chapters 11 and 12A. Proof of Claim

submitted as an excess fee request.

FHLMC1. Chapter 7 ($500 Fce Cap) L

Confidential Treatment Requested by Lender Processing Services, Inc.

$150.00Excess Fee RequestExcess Fee Request

$30.00$0.00$0.00

$150.00$400.00

$30.00$0.00

$650.00$400.00$200.00

$90.00$40.00$40.00$90.00xcess Fee Request

$50.00$150.00 $0.00$0.00

Excess Fee RequestExcess Fcc RequestExcess Fee Request

$30.00$0.00$0.00

Excess Fee RequestExcess Fee RequestExcess Fee RequestExcess Fee Request

$30.00$0.00$90.00$90.00

Page 2 of 12

NVAGLPSV20159611


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Fees Paid by Attyto Fidelity

(Admin Fccs)*



3. Additional FeesA. MultiFiler Defense

Note: If a multifiler petitions the court to extend the automatic stay, the firm will be reimbursed to fikan extension of the automatic stay. If the objection to an extension is denied the finn must then handleclient's interests in the bankruptcy proceeding for the allowable bankruptcy fcc.

A. Proof of Claim(I) Preparation and Filing of Proof ofClaim and Request for Notice(2) Amended Proof of Claim(3) Defense of Proof of Claim

B. Plan(1) Plan Review(2) Objection to Plan

C. Motion for Relief (MFR)(I) MFR Complete(2) MFR prepped and filed(3) MFR File Review (No Motion Filed)

D. Additional Motion for Relief (MFR) (Same Case) 2(1) MFR Complete(2) MFR prepped and filed(3) Continued MFR Hearings

2. Chapter 11, 12, 13 ($800 Fee Cap) IA. Proof of Claim



C. Motion for Relief (MFR)(1) MFR Complete(2) MFR prepped and filed(3) MFR File Review (No Motion Filed)

D. Additional Motion for Relief(MFR) (Same Case) 2(I) MFR Complete(2) MFR prepped and filed(3) Continued MFR Hearings

FHAI. Chapter 7 ($650 Fee Cap) 1

A. Proof of Claim(1) Preparation and Filing of Proof ofClaim and Request for Notice(2) Amended Proof of Claim(3) Defense of Proof of Claim

D. Motion for Relief (MFR)Page 3 of 12


$125.00 $0.00$50.00 $0.00*. $0.00** $0.00** $0.00

$500.00 $0.00$300.00 $0.00$200.00 $0.00

$400.00 $0.00$300.00 $0.00$125.00 $0.00

$125.00 $0.00$50.00 $0.00$200.00 $0.00$125.00 $0.00$200.00 $0.00

$350.00 $0.00$250.00 $0.00$250.00 $0.00

$500.00 $0.00$250.00 $0.00$)00.00 $0.00

$350.00 $0.00

$150.00$50.00$200.00

$30.00$0.00$0.00

NVAGLPS- V2-0 159612


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$650.00$400.00$200.00

Fees Paid by Attyto Fidelity

(Admin Fees)*$90.00$40.00$40.00


NETWORK FEES FOR SERVICES SCHEDULE FOR American Home Mortgage Servicing. Inc.fees Hilled to Client(Client Amount)

(1) MFR Complete(2) MFR prepped and filed(3) MFR File Review (No Motion Filed)

C. Additional Motion for Relief(MFR) (Same Case) 2(I) MfR Complete(2) MFR prepped and filed(3) Continued MFR Hearings

2. Chapter II, 12, 13 ($1000 Fee Cap) 2A. Proof of Claim(I) Preparation and Filing of Proof of

Claim and Request for Notice(2) Amended Proof of Claim(3) Defense of Proof of Claim


C. Motion for Relief (MFR) 3(I) MFR Complete(2) MFR prepped or filed(3) MFR File Review (No Motion Filed)

D. Additional Motion for Relief (MFR) (Same Case) 2(I) MFR Complete(2) MFR prepped and filed(3) Continued MFR Hearings

VA1. Chapter 7 ($650 fee Cap-Exclude POC & Plan) I


B. Motion for Relief (MFR)(I) MFR Complete(2) MFR prepped and filed(3) MFR File Review (No Motion Filed)

C. Additional Motion for Relicf(MFR) (Same Case) 2(I) MFR Complete(2) MFR prepped and filed(3) Continued MfR Hearings

2. Chapter 11,12,13 ($850 Fee Cap-Exclude POC & Plan) IA. Proof of Claim(I) Preparation and Filing of Proof of

Claim and Request for Notice(2) Amended Proof of Claim

Page 4 o r 12


$500.00$250.00$100.00

$90.00$40.00$0.00

$150.00 $30.00$50.00 $0.00$200.00 $0.00$150.00 $30.00$200.00 $0.00

$650.00 $90.00$400,00 $40.00$200.00 $40.00$500.00 $90.00$250.00 $40.00$100.00 $0.00

$75.00 $5.00$50.00 $0.00$100.00 $0.00$650.00 $40.00$300.00 $40.00$200.00 $40.00$250.00 $40.00$250.00 $40.00$125.00 $0.00

$75.00$50.00

$5.00$0.00

NVAG-LPS-V2-0159613


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$100.00

Fees Paid by Allyto Fidelity

(Admin Fees)*$0.00

EXHIBIT BLPS DEFAUL T SOLUTIONS


NOTE: For loans not subject to G.S.E. or Government Agency prescribed flat fees. FNMA fee caps willapply.

Footnotes:I. Iffees exceed total fee cap, an additional fee request must be approved prior to action beingcommenced.2. If the Finn has billed for a Plan Objection or Defense of Proof of Claim. the Firm must bill a reducedfcc as indicated above on a subsequent MFR referral (please note that in light of the reduced fees, LPSDSwaived any administrative fcc on the Plan Objection or the Defense of Proof of Claim). If both a PlanObjection and Defense of Proof of Claim are required. Firm is required to request additional fees.3. If a Proof of Claim Defense or Objection to Plan has been filed for a FHA loan, and a Motion for Reliefis necessary, you may only bill a maximum $500.00 fee for the MfR.* Firm will not be invoiced for an admin fee on any tile referred under the

FNMA or FHLMC designated counsel program.** FHLMC Designated counsel will invoice according to their FHLMC contract.THE FIRM MUST INVOICE ITS FEES PURSUANT TO THIS EXHIBIT B,REGARDLESS 01


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,, EXHIBIT BLPS DEFAULT SOLUTIONS

NETWORK FEES FOR SERVICES SCHEDULE FOR American Home Mortgage Servicing, Inc.Fees Billed to Client(Client Amount)

Fees Paid by Atryto Fidelity

(Admin Fees)*Approved and Agreed to by ' _

Page 6 o r 12



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NETWORK FEES FOR SERVICES SCHEDULE FOR American Home Mortgage Servicing, Inc.State: NevadaFirm : M cCarthy & HolthusDate: October 2 0, 2 009

L FORECLOSURE FEES*A. Freddie MacB. FHAC. VAD. Fannie MaeE . Other Loan TypesI I . EVICTION F EESA. Freddie MacB. FHAC . VAD. Fannie MaeE . Other Loan TypesIII. DEED IN LIEU OF FORECLOSUREA. Freddie MacB. FHAC. VAD. Fannie MaeE . Other Loan Types

NOTE: For loans not subject to G.S.E. or Governmepply,

V. ADDITIONAL REQUESTSA. Demand Letter (withAHMSl's approval)Drafting Missing Documents (plus out of pocketB. expenses such as recording fee)C. Title Claim Demand (flat fee)

Lost Note Affidavit (plus out of pocket expensesD. if approved by AHMSI)Nonstandard Per Hour Fee (Unless raised byE. AHMSI at a firm's request)L. All Other Costs

VL BANKRUPTCY FEES*Page 7 of 12


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FNMAtI . Chapter 7

A . Proof of Claim(1) Preparation and Filing of Proof ofC laim and R equest for N otice(2) A m ended Proof of C laim(3) D efen se of P ro of of C laim

B. M otion for Relief (M FR), One or Tw o H(1) M F R C om p le te(2) M FR prepped and filed(3) M FR File R eview (N o M otion Filed)

C. A dditional M otion for R clief(M FR) (S an2 . Chapter 1 3

A . Proof of C laim(I ) P re pa ra ti on a nd F ili ng of P ro of o fC laim a nd R eq ue st for N otic e(2) A m ended Proof of C laim(3) D efense of Proof of C laim

B. Plan(1) P la n R ev ie w(2) O bjectio n to P la n

C. M otion for Rdief(M FR), Om : or Two H((I) M F R C om p le te(2) M FR M FR prepped and filed(3) M FR File Review (N o M otion Filed)

D . Additional M otion for Relief(M FR) (S anE . A gr ee d O rde r D efau lt

(I)N ot ic e o f D efa ul t/S t ay T er m in at io n(2) C ou rt C er tific atio n o f D efau lt/S tay T3 . Chapters 1 1 and 1 2

A . Proof of Claim(1) Preparation and Filing of Proof ofClaim and R eq ue st fu r N ot ic e(2 ) A mended Proof of Claim(3 ) D efense of Proof of Claim

B . Plan(I ) Plan Review(2 ) O bjection to Plan

C . M otion for Rclief'(M f'R ), O ne or Tw o H ID . A dditional M otion for Relief (M FR ) (S anE . A gre ed O rd er D efau lt

( I) N oti ce o f D efa ul t/S ta y T er m in at io n( 2) C ou rt C er tifica tion o f D efa ult/S ta y T

t Fees for adversary proceedings or any othersubmitted as an excess fee request.FHLMCI. Chapter 7 ($500 Fee Cap) 1

Page 8 of 12


19/23

, EXHIBIT BLPSDEFAULTSOLUTIONS




C. Motion for Relief(MFR)(I) MFR Complete(2) MFR prepped and filed(3) MFR File Review (No Motion Filed)

D. Additional Motion for Relief (MFR) (San(1) MFR Complete(2) MFR prepped and filed(3) Continued MFR Hearings

2. Chapter 1 1 , 12, 13 ($800 Fee Cap) 1A. Proof of Claim

(1) Preparation and Filing of Proof ofClaim and Request for Notice(2) Amended Proof of Claim(3) Defense of Proof of Claim


C. Motion for Relief (MFR)(I) MFR Complete(2) MFR prepped and filed(3) MFR File Review (No Motion Filed)

D. Additional Motion for Relief(MFR) (San(1) MFR Complete(2) MFR prepped and filed(3) Continued MFR Hearings

3. Additional FeesA. Multi-Filer Defense

Note: If a multi-filer petitions the court to extend: an objection toan extension of the automatic stay. If the objectic protecting theclient 's interests in the bankruptcy proceeding for

FHA1 . Chapter 7 ($650 Fee Cap) 1


B. Motion for Relief (MFR)Page 9 o r 12



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. . . . EXHIBlT BLPS DEFAULT SOLUTIONS


(I) MFR Complete(2) M FR prepped and filed(3) MFR File Review (No Motion Filed)

C. Additional Motion for Relief(MFR) (San(I) MFR Complete(2) MFR prepped and filed(3) Continued MFR Hearings

2. Chapter 11, 12, 13 ($1000 Fce Cap) 2A. Proof of Claim

(1) Preparation and Filing of Proof ofClaim and Request for Notice(2) Amended Proof of Claim(3) Defense of Proof of Claim

B. Plan(1) Plan Review(2) Objection to Plan

C. Motion for Relief (MFR) 3(1) MFR Complete(2) MFR prepped or filed(3) MFR File Review (No Motion Filed)

D. Additional Motion for Relief(MFR) (San(I) MFR Complete(2) MFR prepped and filed(3) Continued MFR Hearings

VAI. Chapter 7 ($650 Fee Cap-Exclude POC & PI;


B. Motion for Relief (MFR)(1) MFR Complete(2) MFR prepped and filed(3) MFR File Review (No Motion Filed)

C. Additional Motion for Relief(MFR) (San(1) MFR Complete(2) MFR prepped and filed(3) Continued MFR Hearings

2. Chapter II, 12,13 ($850 Fee Cap-Exclude PCA. Proof of Claim

(1) Preparation and Filing of Proof ofClaim and Request for Notice(2) Amended Proof of Claim

Page 10of 12



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. . , EXHIBIT BLPS DEFAULT SOLUTIONS

NETWORK FEES FOR SERVICES SCHEDULE FOR American Home Mortgage Servicing. Inc.

(3) Defense of Proof of ClaimB. Plan

(1) Plan Review(2) Objection to Plan

C. Motion for Relief(MFR)(I) MFR Complete(2) MFR prepped and filed(3) MFR File Review (No Motion Filed)

D. Additional Motion for Relief (MFR) (San(I) MFR Complete(2) MFR prepped and filed(3) Continued MFR Hearings

ADDITIONAL BANKRUPTCY FEESI. Agreed Order Default (Not Applicable to FN~

A. Final Affidavit of Default (i f cured)B. Ex Parte Order2 . R ea ffi rm a ti on s

A. Preparation and MailingB. Filed (if timely filed)

3. Hourly Fees (includes crarndowns)

NOTE: For loans not subject to G.S.E. or Governrneiapply.

Footnotes:1. If fees exceed total fee cap, an additional fee requescommenced.2. If the Firm has billed for a Plan Objection or Deferufee as indicated above on a subsequent MFR referral (-waived any administrative fcc on the Plan Objection 0Objection and Defense of Proof of Claim are required,3. If a Proof of Claim Defense or Objection to Plan hais necessary, you may only bill a maximum $500.00 f* Firm will not be invoiced for an admin fee on an)

FNMA or FHLMC designated counsel progran** FHLMC Designated counsel will invoice accordiTHE FIRM MUST INVOICE ITS FEES PURREGARDLESS OF WHETHER A COURT AORDER.

Page 11of 12


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. ' . EXHIBIT BLPS DEFAULT SOLUTIONS


Approved and Agreed to by __

Page 12 of 12

Confidential Treatment Requested by Lender Processing servlces, Inc. NVAG-LPS-V2-0159621


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EXHIBIT CLPS DEFAULT SOLUTIONS - NETWORK MODlFlt:JJ FEE SCHEDUU::American Ilome Mortgage Servicing, lite.STATE:FIRM:DATE:

NevadaMcCarthy & Holthus ("Finn")AUTODATE

IfLPS provides the Finn with either written or ami notice to stop a foreclosure at any time prior to thesale of the real property being completed, then the Fees paid to the Finn pursuant to Exhibit B shall bemodified as outlined in this schedule. THE FIRM WILL BE BILLED THE FULLADMINISTRATIVE FEE REGARDLESS 01

FIDELITY NATIONAL TITLE AND LPS AGREEMENT-FORECLOSURE MILLS 2011-12-16 -EXHIBIT

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