Lender Processing Services (LPS) hit the ground running after their recent acquisition by Fidelity National. Anyone whom thought that it was going to be business as usual was sadly mistaken. Fidelity’s anal attention to detail on the document side and LPS’s noob, computer geek software framework are a match made in heaven; a match made in hell if you are on the Field Services side, really.
Date: , , 2013 : : –
Subject: MANDATORY READ&RESPOND
Good afternoon. I wanted to send some information and will follow up with a phone call to discuss. You all received the first attachment on 7/2/2013. This outlined the 4 main categories we are going to be auditing during our next visits. If these items were not found to be in place during the first visit we completed there was also an Action Plan that was sent to you after the meeting outlining what was expected.
We are now at the stage of auditing to these 4 baseline expectations. This will be done through a random sampling of a # of work orders while on site. These work orders will be researched on your end for who completed the work both in the field and in the office. We will then want to see the Background Check for both parties and the Subcontractor Agreement if your field laborer is not an employee.
We will also review and discuss your plan around Document Management and Disaster Recovery.
I have also attached some example policies for your review that may help give an idea of what we are looking for. This is not a discussion about how things are done, this is a documented company policy outlining what your company does.
Please send back any questions you have.
I will reach out soon to discuss as well.
These visits will be mandatory and scheduled with short notice so please be sure you are going to be able to find and deliver this information upon request.
Visits may occur as soon as September and will be scheduled throughout the year. We hope to give adequate notice but please be flexible as we have tight timelines on these visits.
While we redacted the author of the email and the date/time stamp (didn’t want that proverbial paper trail back to our Source actually) it is quite apparent that this was transmitted by a person whom is in a position of power to both ORDER actions be taken by Contractors and does such on behalf of LPS.
LPS FS Network Communication
To: LPS FS Suppliers
From: Network Management Office
Subject: Your Company and LPS FS Business Expectations
The Network Management Office (NMO) has dedicated a tremendous amount of time and resources to guarantee client, investor and regulatory compliance. The NMO has been working with the supplier network to discuss sound business practices and policies targeting the reduction of organizational risk inherent in our evolving industry.
The NMO has established baseline practices while continuing to reinforce LPS FS expectations.
Performance, Quality and Governance are critical to shared success.
· Performance – The opportunity to do business.
· Quality – Keeps the business.
· Governance – Reduces risk in doing business.
LPS FS expects our supplier network to meet or exceed the following by the beginning of the fourth quarter 2013. Failure to meet one or all of the minimum expectations could impact your relationship with LPS.
A standalone, documented background check policy for your business outlining background check completion, when they are performed, how they are evaluated and how they are recorded/maintained. This expectation includes:
· Criminal background checks are conducted on all subcontractors/employees.
· Background checks occur at time of on-boarding/hire and occur a minimum of every two (2) years per Section 11 and Section 12.13.3 of the LPS Trade Contractor Agreement.
· Backgrounds checks are collected, maintained and safeguarded by the business for audit purposes.
A standalone, document management policy outlining the life cycle of paper in accordance with Exhibit C of the LPS Trade Contractor Agreement. This expectation includes:
· How paper files are handled within the office and out in the field.
· How long documents are stored and where they are stored.
· Once documents have reached expiration, how they are destroyed (including, proof of destruction).
A standalone, documented plan outlining the procedures and protocols for the business in the event of a disaster causing extended service disruption. This expectation includes:
· The technology used to run day-to-day business and the plan to continue in the event one system – or all technology – is not functioning.
· Logistical elements including: important contact information, procedures for notifying suppliers and clients.
An agreement as outlined in Section 9.4 of the LPS Trade Contractor Agreement executed at the time of on-boarding a sub-contractor and renewed no less than every 24 months. The agreement must establish:
· Pay schedules.
· An outlined procedure to follow in the event of a pay dispute.
· Permission to collect background checks and confirmation that the sub-contractor meets the standard set forth in your LPS supplier agreement.
· Expectations to protect proprietary information and Non-public Personal Information (NPI) in terms of document management.
If you have any questions, please feel free to contact your Regional Network Manager.
Pursuant to the terms of the Contractor Guide and Inspector Guide, the contents of this communication shall take precedent to any conflicting terms originally stated in the Contractor Guide and Inspector Guide, and you agree to implement and abide by the contents of this communication as of the stated effective date.
The information transmitted is intended solely for the individual(s) or entity to whom it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use or taking action in reliance upon this information by persons other than the intended recipient is prohibited. If you have received this e-mail in error, please contact the sender and delete the material from any computer.
This email was sent by: Lender Processing Services
601 Riverside Ave. Jacksonville, Florida, 32204, USA
This letter is far more detailed and virtually impossible to construe any other way other than LPS dictating, in minutea, precisely how a Contractor is to run the day-to-day affairs of his or her business. LPS was also kind enough to include some samples of Material which Contractors are allowed to use at will.
What LPS apparently fails to understand is that not everyone in the United States and abroad are all warm and fuzzy about LPS taking their Material and sending it out to thousands of people to use. Now, I am not a lawyer; however, LPS employs an inordinate amount of them. Matter of fact, their Legal Division should at least be able to spell their names due to all the Litigation they have been involved in and the ENORMITY OF SETTLEMENTS THEY HAVE PAID OUT — $127 MILLION DOLLARS in the latest one!
Unless LPS has the legal right to circulate copyrighted materials; unless LPS has licensing agreements, perhaps LPS should refrain from distributing the below attached Documents which were sent out recently. After all, we don’t want to get all Robo Signing about this type of thing, do we?! (Editor’s Note: We reached out to the Law Offices of Joel Corwin, Donors Forum which is a Non Profit Organization and Question Pro to attempt to verify the aforementioned questions pertaining to using the below referenced materials. We did this not to embarrass LPS, but rather to ensure that Contractors are LEGALLY ENTITLED to possess and use the Documents circulated by LPS. We will report back upon this if/when we get a response from any of them.
Look, we all get it. The National, Regional and Otherwise Unspecified Order Mills want to have all of the benefits of employees without having to pay fair market value or abide by the laws, rules and regulations which US Citizens do. We understand that for decades now, the Property Preservation Industry has terrified the common Contractor to such a point that they all predominately think of themselves as Servants. Plantation Capitalism is alive and well in Ohio; the question is whether or not Contractors will continue to Shake the Tree Boss !