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The Title Report Edition
February 11, 2013
This edition of The Title Report looks at the lien release problem in the industry. From our discussions on the issue, it seems like a matter of incentives — no one party is motivated enough to see the process through to completion. That being the case, what are the ramifications of this problem, and are they any solutions on the horizon?
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Lien releases aren’t the only documents being tracked
Posted Date: Monday, February 11, 2013
Documentation issues aren’t all on the lender. According to sources at
Indecomm, there can be an issue with title agents not sending back final
documents post-closing. Read on for what their team and lender
customers are saying about the issue.
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The lien release incentive conundrum: A look at why public records are left unsatisfied
Posted Date: Monday, February 11, 2013
There is a lien release problem in this country. When satisfied
mortgages are released — lenders and borrowers (and even regulators) go
home happy — but the documentation stating as much is often not properly
recorded, which leads to a host of issues. The reason for this problem
isn’t anything malicious; rather it’s often a matter of incentives, or a
lack thereof.
The mortgage lien release is important, and all
parties will say as much. A land record world without them isn’t far
from pure chaos. The act of actually releasing said lien, however, when
prioritized among the various tasks and procedures throughout a mortgage
closing, isn’t important enough to any one party to get it accomplished
in a consistent manner. No one has the proper amount of incentive,
despite various techniques implemented to try and create these
incentives.
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Western Region Report: Seattle up big in December
Posted Date: Thursday, February 7, 2013
Total dollars insured in King County, Wash., trended significantly
upward during 2012, but December was its strongest month of the year,
with more than $8.3 million in total dollars insured, according to
DataQuick in this month’s Western Region Report.
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Old Republic changes name of national services group division
Posted Date: Tuesday, January 29, 2013
Old Republic Title Insurance Group sent an announcement that, effective
immediately, its Site Management Services division has changed its name
to Old Republic Commercial Due Diligence Services. Read on for the
company’s announcement.
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Indictment says nine people, fake title agencies used in $10M fraud scheme
Posted Date: Tuesday, January 29, 2013
Nine people involved in a long-running, large-scale mortgage fraud
scheme that caused losses of approximately $10 million were charged in
two complaints with conspiracy to commit bank fraud. As part of the
alleged scheme, those accused are said to have opened up companies with
names similar to established, licensed title agencies in order to open
up their phony bank accounts and funnel the funds. Read on for the
alleged details.
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What did Title Report readers say about ALTA’s professional designation?
Posted Date: Tuesday, January 29, 2013
The American Land Title Association has made several headlines the past
few months for new initiatives regarding professional standards in the
title insurance industry. We asked all of you about the debut of the
group’s professional designation to gauge your thoughts. Will it impact
the industry?
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ClosingCorp says software ready for any mortgage disclosure form changes
Posted Date: Tuesday, January 29, 2013
ClosingCorp, a provider of residential real estate closing cost data and
technologies for mortgage lenders, real estate professionals and
consumers, said its data services will enable clients to remain
compliant with any changes to mortgage disclosure requirements, which
are expected to be finalized in 2013 by the Consumer Financial
Protection Bureau.
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Ernst Publishing awarded U.S. patent for search technology
Posted Date: Tuesday, January 29, 2013
Ernst Publishing Co., a provider of technology and closing cost data for
the real estate and home finance industries for the past 24 years,
announced that the U.S. Patent & Trademark Office has awarded the
company a new patent for a feature in its recording fee and tax
calculators.
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Independence Title hires senior closing processor
Posted Date: Tuesday, January 29, 2013
Independence Title, located in Fort Lauderdale, Fla., announced the
addition of a senior closing processor who has several years of
experience in the real estate field, including owning her own title
agency.
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NATIC authorized to insure title in Midwestern state
Posted Date: Friday, January 25, 2013
North American Title Insurance Company announced that the Indiana
Department of Insurance has issued a certificate of authority to insure
title in the State of Indiana. This brings the total number of
authorized states NATIC does business in to 31. NATIC said Indiana is
part of its overall growth strategy to cover the major metropolitan
areas of the country.
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Email fraud scam targeting title agents, alerts Entrust
Posted Date: Friday, January 25, 2013
Entrust Solutions was the first to widely warn title agents to watch out
for a new fraud scheme going around that is looking to drain your
escrow account. Read on for the details from Entrust’s website.
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First American announces new $250M debt offering; Fitch rates
Posted Date: Friday, January 25, 2013
First American Financial Corp. (FAF) announced the pricing of a public
offering of $250 million of its 4.3 percent senior notes due in 2023.
The offering is expected to close on Jan. 29. The notes will be general
senior unsecured obligations of the company and will rank equally in
right of payment with the company’s existing and future senior unsecured
indebtedness. Following the announcement, Fitch provided its thoughts.
Read on for all of the details.
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Alliant National hires VP, Midwest regional manager
Posted Date: Friday, January 25, 2013
Regional title insurance underwriter Alliant National Title Insurance
Co. announced the hiring of a senior vice president and Midwest regional
manager, effective Feb. 1, 2013, that will be responsible for
developing, marketing and managing Alliant National’s Missouri and
Kansas agency programs. Read on for more details.
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Title agent is eighth to be sentenced in Miami apartment complex scheme
Posted Date: Friday, January 25, 2013
Remember the recent story of the six co-conspirators in Miami that were
sentenced for using straw buyers and false HUD-1s to purchase
residential property at an apartment complex? Mentioned at the end of
that article was Raquel DeJesus Martinez who also pleaded guilty to
conspiracy to commit mail fraud and money laundering in a related case.
She was recently sentenced for her crime. Read on for the sentencing
details.
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Old Republic releases earnings info for year-end 2012
Posted Date: Friday, January 25, 2013
Old Republic International Corp. reported financial results for the
fourth quarter and full year 2012, and news from the title insurance
segment remains positive. Read on for a full look at the title numbers,
the factors the company cited as an explanation and an update on the
run-off of the company’s troubled mortgage insurance segment.
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reQuire announces two personnel moves
Posted Date: Thursday, January 24, 2013
reQuire LLC, the an online release tracking and reporting company,
announced two personnel moves this week. Jeff Stechmann has joined its
account management team and Jay Jones has been named to a new product
manager position.
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LPS: First look at December 2012 loan delinquency data
Posted Date: Thursday, January 24, 2013
Lender Processing Services Inc., a provider of integrated technology,
data and analytics to the mortgage and real estate industries, reported
the following “first look” at December 2012 month-end mortgage
performance statistics derived from its loan-level database representing
approximately 70 percent of the overall market.
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Stewart Title Co. in the news for two honors
Posted Date: Thursday, January 24, 2013
Stewart Title Co. was recognized as a Texas Treasure on the House/Senate
floor by two representatives at the State Capitol in Austin, Texas.
Stewart Title Co. also announced that Lisa Guild of Stewart’s Englewood,
Fla., office was honored as Business Partner of the Year by the
Englewood Area Board of Realtors.
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Fitch Ratings adds big change to risk-adjusted capital assessment for title insurers
Posted Date: Thursday, January 24, 2013
Fitch Ratings has updated and published its report titled ‘U.S. Title
Insurance Industry Sector Credit Factors.’ First off: no ratings are
expected to be affected by this updated report. However, the updated
report did make several changes to Fitch’s Risk Adjusted Capital ratio,
which is a primary measure the firm uses to assess title insurance
companies. You could look at it as RAC 2.0.
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Ability-to-repay mortgage rule requires training
Posted Date: Wednesday, January 23, 2013
January proved to be a significant month in the housing regulatory
landscape, as the mortgage and real estate sector was hit with an
abundance of new rules, one of which has stood out as having a major
impact on the entire mortgage, real estate and settlement services
industry. Read on for information about an educational opportunity on
the CFPB’s ability-to-repay final rule.
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Florida clerk touts Pioneer Technology recording system
Posted Date: Tuesday, January 22, 2013
Clerks, recorders and registers offices are often handcuffed by outdated
technology, resulting in delays that provide opportunity for real
estate fraud and create havoc for businesses that rely on timely access
to documents and information. Now, the development of new recording
technology is allowing clerks to streamline this process, ensuring
timely recording and providing better access to the real estate industry
and the public.
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Title company operator, husband pleaded guilty to $7M scam
Posted Date: Tuesday, January 22, 2013
An Ohio couple pleaded guilty to a $7 million fraud scheme three days
after the start of their trial. Deborah Kistner, who operated Premiere
Title Co. in Hilliard, Ohio, and her husband, Mark Kistner, are said to
have carried out their scheme between June 2006 and July 2010.
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A look back at 2012 foreclosure activity
Posted Date: Tuesday, January 22, 2013
To start 2012, there were warnings of the market being re-flooded with
foreclosures, as those held back in the wake of the robo-signing
controversy finally came to the forefront. A year-end report from one
data company shows that the early prognostication wasn’t really
fulfilled, at least not in non-judicial closing states.
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Housing indicators show sustained progress in home prices
Posted Date: Tuesday, January 22, 2013
Data continue to show important progress across many key indicators with
the housing market bottoming out nationally and clearly turning a
corner – as home values continue to rise and home sales remained strong
in November – although officials caution that the overall recovery
remains fragile.
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Quick look at QM rule: Should affiliated providers be concerned?
Posted Date: Tuesday, January 22, 2013
The Ability to Repay Final Rule officially issued by the Consumer
Financial Protection Bureau (CFPB) on Jan. 10 established a 43 percent
debt-to-income ratio threshold for qualified mortgages (QM). The
industry had been watching this determination in particular, concerned
that a stringent standard would eliminate a percentage of potential
borrowers and potentially alter the nature of affiliated business
relationships.
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Give clients confidence in choosing your services
Posted Date: Monday, January 21, 2013
Your company should strive to maintain an aura of competence,
flexibility and tenacity, says Alexander Crompton, director of corporate
communications for the Mandrien Consulting Group. Prospective and
current clients notice the little things — and are more than willing to
go with another option if they don’t like what they see. Read on for
more from Crompton’s marketing column.
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New home production at highest level since 2008
Posted Date: Friday, January 18, 2013
Solid gains in both single-family and multifamily housing production
resulted in nationwide housing starts rising 12.1 percent to a
seasonally adjusted annual rate of 954,000 units in December, according
to newly released data from the U.S. Commerce Department.
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Maryland agent gets two years in prison, must pay $1.3M to national underwriter
Posted Date: Friday, January 18, 2013
Harriet Taylor, co-owner and manager of two title insurance companies in
Maryland, was officially sentenced to two years in prison for her role
in a wire fraud scheme. She reportedly used more than $1.5 million in
mortgage closing funds for personal use and to operate her title
companies. In addition to the two years of prison time, Taylor will have
five years of supervised release and pay more than $1.5 million in
restitution.
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Stewart adds business development officer to Colorado
Posted Date: Friday, January 18, 2013
Stewart Title Co. announced the addition of a business development
officer for its northern Colorado division who will be responsible for
developing new customers and accounts in Larimer and Weld counties.
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Meridian Title celebrates 75 years in the title business
Posted Date: Friday, January 18, 2013
Meridian Title Corp., formerly known as St. Joseph Title Corp., was
established in 1938 as The Abstract Co. of St. Joseph County Inc, It
opened for business in South Bend, Ind., to serve the land record data
needs of St. Joseph County, Ind. Meridian Title Corp. now celebrates
its 75th year in business. Read on for more from the company’s anniversary press release.
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Five hidden treasures in your title company
Posted Date: Friday, January 18, 2013
Most business owners understand some of the dynamics of selling their
business but few understand the value drivers that create dollars for
the purchase price, says contributor Carl Grimes, broker/owner of
CBI-Sunbelt Business Advisors. Grimes gives us a look at what he calls
the five hidden treasures that exist in your title company. For those
owners looking to or thinking about selling, it’s important to note
these assets.
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ResWare to provide PACER access through integration
Posted Date: Thursday, January 17, 2013
Adeptive Software, the developer of ResWare, and Quandis Inc., a
provider of default management technology solutions, announced an
integration that will provide the Quandis’ interface to the
government's Public Access to Court Electronic Records database for
bankruptcy searches to ResWare users.
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Mortgage applications see another huge weekly jump
Posted Date: Thursday, January 17, 2013
Mortgage applications increased 15.2 percent from one week earlier,
according to data from the Mortgage Bankers Association’s Weekly
Mortgage Applications Survey for the week ending Jan. 11, 2013. Read on
for the full weekly break down.
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First American declares quarterly dividend
Posted Date: Thursday, January 17, 2013
First American Financial Corp. announced that its board of directors
declared a quarterly cash dividend payable on March 15. Read on for the
information.
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Homebuilder confidence stays steady through winter’s chill
Posted Date: Thursday, January 17, 2013
Builder confidence in the market for newly built, single-family homes
was unchanged in January, remaining at a level of 47 on the National
Association of Home Builders/Wells Fargo Housing Market Index.
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Premium-to-surplus ratio rule could help prevent escrow theft, says NAILTA
Posted Date: Thursday, January 17, 2013
The National Association of Independent Land Title Agents (NAILTA)
released a white paper advocating the use of a premium-to-surplus ratio
rule to help prevent escrow theft.
The white paper was written in
light of the National Association of Insurance Commissioners’ (NAIC)
efforts to draft a white paper to give regulators and insurers tools to
combat and prevent escrow theft. One of the suggestions put forth in a
recent draft of the NAIC Title Escrow Theft and Title Insurance Fraud
Whitepaper is the creation of escrow theft reserves at the title
underwriter level.
“The preliminary idea from NAIC is to
require insurers to contribute revenues to a separate escrow defalcation
reserve account apart from ordinary capital and SPR requirements,” the
paper stated. “The funding mechanism for the reserve would come either
from CPL income or by premium set-asides. The reserve would be used
solely for the payment of defalcation related losses. Although, unclear
from the paper, the cost to consumers is likely to increase in order to
pay for the reserve. These issues and more are currently being
determined by the affected title insurance underwriters, the American
Land Title Association and the NAIC.”
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