November 9, 2009 www.bankersdigest.com Volume 135, No. 19 Riley Named Wells Fargo’s Community Banking Gutierrez Tapped Risk Regional President for New Mexico Region Management Officer Lisa Riley, a 24-year Wells Fargo bank- Since 2004, Riley has managed com- Fidelity Homestead Savings Bank, er, has been named community bank- munity banking for Wells Fargo’s Met- New Orleans, LA, has appointed Kate ing regional presi- ro Phoenix West region. She also has Gutierrez senior dent for NM. She been responsible for the integration vice president and will have responsi- of AZ’s Wachovia offices. Earlier, Riley risk management bility for sales, ser- was community banking president for officer. She will vice, operations, Wells Fargo in Scottsdale. She also serve as an advisor financial, and hu- has managed Wells Fargo’s Premier to senior manage- man resources Banking, Small Business Banking, and ment in the areas management in Membership Banking programs in AZ of risk, finance, Wells Fargo’s NM and held positions as Phoenix Com- and accounting, region, which has Riley munity Banking president and Arizona and will work very Gutierrez 1,200 team mem- human resources director. closely with the bers, $5.26 billion in deposits, and Riley earned a BBA degree from the compliance and audit departments. 97 locations in 53 communities. She University of Arizona. She will serve at the bank’s corporate succeeds Greg Winegardner, who was She serves on the boards of direc- headquarters at 201 St. Charles Ave. named Wells Fargo’s regional presi- tors of the Greater Phoenix Urban She has more than 20 years bank- dent for Utah in July. She is based in League and the Arizona Educational ing experience with concentrations in Albuquerque. Foundation Q commercial and consumer collections, consumer compliance, underwriting, Oklahoma Banker “Kell” Kelly Named ABA and retail banking. She joins Fidelity Vice Chairman at Chicago Annual Convention from First Tennessee Bank where she was a credit consultant in the loan re- Albert C. “Kell” Kelly, president/CEO, Oklahoma School of Law, entered the hab and recovery department. SpiritBank, Bristow, OK, has been banking business full time in the early Gutierrez earned a business admin- elected to serve as vice chairman of 1990’s when he joined family-owned istration and a master of management the American American Na- degrees from Aquinas College, Grand Bankers As- tional Bank of Rapids, MI Q sociation for Bristow. Under 2009-2010 dur- his direction, Please route this issue: ing the associ- the bank was ation’s annual rebranded Spir- convention in itBank in the Chicago held late 1990’s and In This Issue... in October. He has expanded joins the team into the Okla- lead by Arthur homa City and Warranty Rights for Payor Banks C. Johnson, Tulsa markets. with Remotely Created Checks a MI banker, (L to R) Stephen P. Wilson, Arthur C. Johnson, Kelly has been Feature..............................................3 2009-2010 ABA Albert C. “Kell” Kelly, and William R. White active in the chairman; Stephen P. Wilson, an OH Oklahoma Bankers Association serv- Charter Activity..............................9 banker, chairman-elect; and William ing as OBA chairman and on the gov- R. White, a MI banker, treasurer. ernment relations committee, among Classified.......................................10 Kelly, a graduate of the University of other association duties Q P E O P L E TEXAS NexBank SVP Rossi Kelly Appointed to Lead Mutual of Receives CFO Honor Omaha’s TX Residential Mortgage Sales Mike Rossi, senior vice president and Mutual of Omaha Bank has launched a mortgage banking, most recently serv- CFO for NexBank, SSB, Dallas, was se- mortgage lending operation in TX and ing as president and broker/owner of lected as one of 32 appointed John V. Kelly III as TX re- Advantage Residential Mortgage Com- CFOs from compa- gion manager of residential mortgage pany in Irving. Prior to that, he served nies in North TX sales, the company announced. Based as senior loan officer and production honored for out- in Dallas, Kelly will lead the bank’s manager for North American Mortgage standing perfor- mortgage team in offering a compre- Company also based in Irving. mance in the 2009 hensive portfolio of home financing Kelly earned a BBA degree in finance Dallas Business Jour- solutions statewide, including con- and real estate from The University of nal CFO of the Year ventional, FHA and VA loans, jumbo Texas at Arlington. He has served on the Awards. loans, bridge notes, second liens, and JP Morgan Chase Broker Advisory Coun- Rossi, who has Rossi construction loans, including a one- cil and the JP Morgan Chase Home Eq- over 15 years of time close product. uity Broker Advisory Council Q financial experience, has served with “As we begin a significant expan- NexBank since 2005, leading not only the financial reporting of NexBank, but sion in Texas, our comprehensive port- CORRECTION other bank departments including ac- folio of mortgage solutions will serve F. Scott Dueser, chairman and presi- counting, marketing and advertising, as a major driver of our growth,” said dent/CEO of First Financial Bank- legal, and information technology. Robert Strong, president of Mutual of shares Inc., Abilene, was named the “Mike is the only CFO that Nex- Omaha Bank’s Texas market. Kelly has 2009 Abilene Citizen of the Year by the Bank has had,” said Davis Deadman, more than 25 years of experience in Abilene Chamber of Commerce. His NexBank’s president and CEO. “ Mike last name was mispelled in the Octo- NEED A PRINT OR ON-LINE provides wisdom and guidance to ber 26, 2009, issue story headline and SUBSCRIPTION? CHANGE AN every component of NexBank that is story as Duesser ADDRESS OR NAME? Q essential for growth and retention of Visit www.bankersdigest.com profits,” he said. Slay Cashes Notes NexBank is headquartered in the NexBank Building, Galleria II Tower. SEND NEWS OF YOUR BANK? Originally founded in 1922, the bank email Quick Closing was purchased in 2004 by a group of [email protected] Dallas-based investors Q 214/221-4544 Fax 214/221-4546 1-800-856-9400 ANKERS IGEST® B Established D 1942 A Weekly Bank News Magazine (USPS 041180) Published every Monday at Dallas, Texas McCuistion & Associates, Inc. Copyright 2009 Bankers Digest® 305 W. 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Michael Menzies, CEO, Easton (MD) Bank & Trust, Chairman ICBA 2009 Periodical postage paid at Dallas, Texas POSTMASTER: Send address changes to Thank you for facilitating an outstanding strategic planning session for the Bankers Digest®, 9550 Forest Lane, Suite 125, directors and management of Lincoln Bank. Lincoln Federal Saving Bank Dallas, Texas 75243-5928. Page 2 BANKERS DIGEST November 9, 2009 F E A T U R E RISK MANAGEMENT concerns involving an increased risk bank, any subsequent collecting bank, of fraud with remotely created checks and the paying bank that the person Warranty Rights for Payor and the need for a uniform rule to ap- on whose account the remotely creat- Bank with Remotely ply throughout the country, the Feder- ed check is drawn authorized the issu- al Reserve sought to address the issue ance of the check in the amount stated Created Checks by amending Regulation CC. on the check and to the payee stated By The Federal Reserve issued a fi- on the check. (12 CFR 229.34(d)(1)). David Boneno nal rule, effective July 1, 2006, which The final rule applies to remotely General Counsel amended Regulation CC to create created checks drawn on both con- Louisiana Bankers Association transfer and presentment warranties sumer and non-consumer accounts. www.lba.org under which a bank that transfers or The warranties apply only to banks A banker re- presents a remotely created check and and ultimately shifts liability for cently called receives a settlement or other con- losses attributable to an unauthor- BD me inquir- sideration, warrants to the transferee (continued on Page 9) ing about the bank’s rights FEATURE in a situation where the customer received his bank statement and notified the bank that there was a check that had been paid that was un- authorized. The check did not contain a traditional signature; instead it con- tained language that said the check had been authorized by the drawer and was a remotely created check. Sometimes, remotely created checks will contain the printed or typed name of the drawer on the signature line. Remotely created checks are increas- ingly being used for payment for tele- phone and internet based purchases or payments. Regulation CC was amended by the Federal Reserve Board in 2006 to pro- vide a definition for “remotely created check.” It means a check that is not created by the paying bank and that does not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn. 12 CFR 229.2(fff). Typically, a customer who receives a statement containing a remotely created check that was not authorized, may demand that his deposit account be recredited by his or her bank on the basis that the check is not properly payable.