Wednesday, September 29, 2010

American Land Title Association Applauds U.S. Representatives for Introducing Bill Protecting Consumers from Harmful Private Transfer Fees

ALTA NEWS

Contact: Jeremy Yohe                                

Office: 202-261-2938              

Phone: 202-590-8361
E-mail: jyohe@alta.org

** Immediate Release **                                                          

American Land Title Association Applauds U.S. Representatives for Introducing Bill Protecting Consumers from Harmful Private Transfer Fees


Washington, D.C., Sept. 29, 2010
— The American Land Title Association applauds U.S. Rep. Maxine Walters and co-sponsors Gwen Moore, Brad Sherman and Albio Sires for introducing a bill that protects consumers from a harmful real estate scheme that strips homeowners of equity in their house and depresses home prices.

Known as the Homeowner Equity Protection Act, HR 6260 would amend the Real Estate Settlement Procedures Act (RESPA) to prohibit the collection of private transfer fees by for-profit third parties on all federally related mortgage loans. When a private transfer fee is placed on a property, it requires that every time the property is sold for the next 99 years, 1 percent of the sale price of the property must be paid to an independent third party.

“We congratulate Rep. Walters and the co-sponsors for introducing this much-needed, consumer-protection bill,” said Kurt Pfotenhauer, chief executive officer of ALTA. “While traditional covenants have an accepted and beneficial role in the housing market by benefitting the land, these predatory instruments steal equity from American homeowners forcing them to pay a premium for the right to sell their own property.”

The use of private transfer fees has already been restricted in 18 states, while the Federal Housing Authority has already confirmed that the government won't insure mortgages backed by homes with private transfer fee covenants attached. The Federal Housing Finance Administration has issued a guidance that would restrict Fannie Mae, Freddie Mac, and the Federal Home Loan Banks from investing in mortgages with these fees.

“Since RESPA is a consumer protection statute, this amendment makes perfect sense to ban these fees because they add no benefit or value to a property, and are little more than a predatory scheme meant to take advantage of unsuspecting homeowners,” Pfotenhauer said. “ALTA thanks the representatives for recognizing the danger that these fees pose to homeowners and the real estate market.”

# # #

About ALTA

The American Land Title Association, founded in 1907, is a national trade association representing title insurance companies, title agents, independent abstracters, title searchers, and attorneys. With offices throughout the United States, ALTA members conduct title searches, examinations, closings, and issue title insurance that protects real property owners and mortgage lenders against losses from defects in titles.

Jeremy Yohe | Director of Communications | American Land Title Association | 1828 L St N.W., #705 | Washington, DC. 20036| Ph: (202) 261-2938 | Fax: (202) 223-5843 / (888) FAX-ALTA (239-2582)

  Visit ALTA online at www.alta.org for news and resources for the Title Industry.

2010 Annual Convention

Oct. 13–16

Manchester Grand Hyatt

San Diego, Calif.

Continuing Education for Title Agents

Free classifieds for the Title Industry

Click here to download:
image004.wmz (6 KB)

Click here to download:
oledata.mso (12 KB)

Posted via email from Title Insurance

If ever there was a case for Title Insurance - this would be it

Their home was sold by mistake



Advertisement ad info

By MARILYN KALFUS THE ORANGE COUNTY REGISTER
The Orange County Register The Orange County Register
updated 9/27/2010 2:15:42 PM ET

Douglas Garhartt and Brandon Lively were just settling in to the ocean-view San Clemente townhome they bought in March when suddenly they were faced with the threat of eviction.

Less than a week after they closed sale on the condo, it turned out, a small group of investors had purchased the same property -- at a foreclosure auction.

How could that have happened? How could one home have been sold to completely different buyers?

Both sides say they did everything right. Both sides have deeds. And both sides are in court right now, trying to sort out the mess.

'Why are you getting evicted?'

Garhartt said he and Lively were thrilled when they bought their 3-bedroom condo on March 11. The seller had been in default on his mortgage and Garhartt and Lively purchased the place as a short sale for $365,000, far less than the $712,552 the seller owed on the loan.

But on March 15, records show, the bank that was involved in the short sale sold the same property at auction for $346,896.


Posted via email from Title Insurance

Tuesday, September 28, 2010

Report: Don't give up on 'nonprime' lending | Inman News

Harvard researchers make a case for government's continued role

Inman News

With so many people now saddled with poor credit, reestablishing "nonprime" lending is increasingly important to the future of homeownership, researchers at Harvard University's Joint Center for Housing Studies argue in a new report.

The 212-page report, "Understanding the Boom and Bust in Nonprime Mortgage Lending," analyzes how the practice of pooling nonprime mortgages into securities that were sold to investors helped fuel the housing bubble and resulting financial crash and recession.

Although much of that territory has been explored before, the report also looks ahead, drawing lessons from the past to put forward ideas for "sustainable" nonprime lending, and advocating a continuing role for government in guaranteeing mortgage debt.

Nonprime lending -- subprime, alt-A and higher-priced lending -- grew at a rapid pace during the housing boom, collapsing when the secondary market for those loans froze in August 2007.

Continuing Education for Title Agents

"sustainable non-prime lending" isn't that like jumbo shrimp or wireless cable?

Posted via email from Title Insurance

Senate Banking Committee holds hearing on FHA’s current condition and future challenges

Today, the Senate Banking, Housing and Urban Affairs Committee held a hearing entitled “The Federal Housing Administration—Current Condition and Future Challenges” to assess the adequacy of the capital reserve fund of the Federal Housing Administration (FHA) following its decline below the statutorily-imposed limit, and to discuss proposals for reform within the FHA.    

Testifying before the Committee were the following witnesses:

Panel 1

  • David H. Stevens, FHA Commissioner and Assistant Secretary for Housing, U.S. Department of Housing and Urban Development
  • Matthew Scire, Director, Financial Markets and Community Investment, Government Accountability Office (GAO)

Chairman Christopher J. Dodd (D-CT) opening the hearing by discussing the widespread presence of the FHA in the housing and home financing markets, noting that assistance by the FHA loans accounted for half of all recent home purchases and half of refinancing activity. “The federal government now stands behind 90% of all mortgages in the country,” he stated.

The FHA currently is required to maintain secondary reserves of at least 2% of the total amount of the outstanding U.S. home mortgages it insures. The capital reserve fund is a secondary, surplus fund created by Congress in 1990 to provide an additional capital cushion for the FHA in times of economic turmoil. Mr. Stevens began his testimony by discussing this reserve requirement and noting last year’s decline in FHA’s capital reserve ratio below the statutory threshold. He also noted that although net budgetary actual performance is in line with the President’s budget presented in February, “our actual performance to date has been significantly better than predicted by the actuary.” He attributed this better-than-expected performance to the policy changes adopted by the FHA during 2010. He explained that the increased presence of the FHA in the housing and home financing market noted by Chairman Dodd came at a price—namely the capital reserve fund shortfall. Mr. Stevens reiterated the two- to three-year estimate made last year of when the required 2% capital reserve ratio would be reached. “2007 and 2008 were terrible books that were originated with limited scrutiny,” he noted, warning “we are absolutely not out of the woods.” He also warned against adopting a rigid timeline for compliance with the statutory reserve requirement. “I believe a timeline would be the wrong way of approaching the FHA reform. To be clear, we shall do everything he can to get it back to 2%. Those steps are in process,” Mr. Stevens said.

Mr. Stevens also stated that certain proposals adopted by FHA, including increased down payment requirements for borrowers with lower credit scores and tightening the minimum credit score for borrowers with lower down payments, had resulted in the average credit score for FHA-insured mortgages rising from 634 in 2007 to nearly 700 today. He also voiced support for a Senate bill designed to strengthen FHA’s tools to manage risk and protect the FHA capital reserve fund. The bill would allow third-party FHA loan originators to close those loans in their name and would allow the FHA to hold them accountable for any detected misrepresentation or fraud. “FHA remains committed to working with Congress to enact the full breadth of reforms” proposed by the bill, Mr. Stevens said.

Posted via email from Title Insurance

And Yet Another Top 10 and Bottom 10 List: Cities With the Lowest and Highest Credit Scores

http://www.realtor.org/RMODaily.nsf/pages/News2010092701?OpenDocument

This was an eye opener as to where consumers in the U.S. have the best and worst average credit scores (and for once Detroit did not make the bottom 10 list.  Finally, congrats Detroit!).

Even cooler is the interactive site (link included on the release above and below) showing Experian’s summary statistics on US cities, including items such as the area unemployment rate, average debt, number of foreclosures and number of open credit cards.

Worth the read and few minutes on the interactive site.  (Bet you did not know that the average debt in Fairbanks Alaska is $29,424 and the average consumer has 1.85 open credit cards.)  Take a look at your city.

http://www.experian.com/live-credit-smart/live-credit-smart.html

Ted

Ted C. Jones, PhD

Senior Vice President-Chief Economist, Stewart Title Guaranty Company

Director of Investor Relations, Stewart Information Services Corporation

 

P Please consider the environment before printing this e-mail.

Posted via email from Title Insurance

BofA's unfunny foreclosure tricks - Street Sweep: Fortune's Wall Street Blog

Posted by Colin Barr

Bank of America has outdone itself yet again.

The irresponsible foreclosure practices of banks have been in the headlines. Employees of both GMAC and JPMorgan Chase (JPM) have admitted to signing off on foreclosure documents without actually having read them. The reports have led to renewed questions about the banks' foreclosure practices.

Not a happy sight

But as usual, the no holds barred winner in the irresponsible bank tricks department is BofA (BAC).

The bank recently foreclosed on a Florida property that doesn't even have a mortgage, the Sun Sentinel of Fort Lauderdale reported. The foreclosure was started in 2008 by Countrywide, the notorious subprime mill the bank acquired in a fire sale that year. It continued with the proceedings even after the current owner, Jason Grodensky, paid cash for the house last December.

"I feel like I'm hanging in the wind and I'm scared to death," said Grodensky. "How did some attorney put through a foreclosure illegally?"

BofA admitted the mistake and is fixing it at its own expense, a spokeswoman tells the paper. But you'd have to say this isn't the bank's first turn at unfunny foreclosure tricks.

Last year, BofA locked out one Texas homeowner and turned off his power in a foreclosure proceeding. BofA eventually conceded that Alan Schroit owned the house outright, but not before he had the pleasure of returning to the house and finding 75 pounds of spoiled fish in the fridge.

Posted via email from Title Insurance

Friday, September 24, 2010

Simplified Mortgage Disclosures is Warren's Goal

Simplifying mortgage disclosure forms so that borrowers get a clearer picture of the costs and obligations involved will be a primary goal of the new Consumer Financial Protection Bureau and Elizabeth Warren, the consumer advocate appointed to oversee its creation. 

Warren, a Harvard law professor appointed by President Obama, has been a vocal critic of what she calls “tricks and traps” in mortgage contracts and other credit agreements that bury the essential details of a loan or credit card agreement in mountains of text.

Obscured by fine print

"Fine print obscures the cost of credit and makes it impossible for families to compare products,” Warren said, opening a forum on simplifying mortgage forms. “Too often, families come to understand the legalese only when they get bitten by it. Streamlined disclosure can level the playing field and give families better tools to make better choices.”

Warren said this was particularly true with mortgages, where “borrowers receive stacks of incomprehensible paperwork when they're looking for a loan."

The forum, held Tuesday in Washington, D.C., was designed to seek imput on how mortgage disclosure forms might be simplified. Participants included consumer advocacy groups, housing counselors, financial literacy experts, mortgage companies, and other stakeholders. Future stakeholder meetings are planned to help refine the document design.

Combining two mortgage disclosures into one

Posted via email from Title Insurance

Foreclosure mistakes: Fort Lauderdale man's home sold in foreclosure mistake - South Florida Sun-Sentinel.com

Jason Grodensky

Jason Grodensky had bought the Fort Lauderdale home with cash last December, then says his home was sold out from under him. (Robert Duyos, Sun Sentinel / September 19, 2010)

When Jason Grodensky bought his modest Fort Lauderdale home in December, he paid cash. But seven months later, he was surprised to learn that Bank of America had foreclosed on the house, even though Grodensky did not have a mortgage.

Grodensky knew nothing about the foreclosure until July, when he learned that the title to his home had been transferred to a government-backed lender. "I feel like I'm hanging in the wind and I'm scared to death," said Grodensky. "How did some attorney put through a foreclosure illegally?"

Bank of America has acknowledged the error and will correct it at its own expense, said spokeswoman Jumana Bauwens.

Grodensky's story and other tales of foreclosure mistakes started popping up recently across South Florida. This week, GMAC Mortgage, one of the nation's largest mortgage servicers and a major mortgage lender, told real estate agents to stop evicting residents and suspend sales of properties that had been taken from homeowners in foreclosure. The company said it might have to "correct" some of its foreclosures, but was not halting those in process.

Posted via email from Title Insurance

Thursday, September 23, 2010

(ALTA) announces second-quarter Market Share Analysis

Washington, D.C., Sept. 23, 2010 The American Land Title Association (ALTA) announces that its second-quarter Market Share Analysis is now final. ALTA released preliminary results on Sept. 2.

The second quarter of 2010 proved to be profitable for the industry. Operating Income was down 9 percent from the second quarter of 2009 and Loss Expense was up by 12.7 percent, but these were offset by a decrease in Operating Expense of $248 million (10.6 percent), leaving Operating Loss at the same level as 2009. Net Investment Gain was 45 percent less than 2009, leaving Net Income 56 percent lower than the second quarter of 2009, but still positive at $48.3 million.

Consequently, the industry remains in a strong financial position at June 30, with Admitted Assets of over $8.5 billion, including over $7.4 billion in Cash and Invested Assets. Also, Statutory Reserves were almost $5 billion and Statutory Surplus exceeded $2.4 billion.

The second quarter of 2010 ends a string of three consecutive quarters in which Title Premiums Written increased over the prior year’s equivalent quarter, reporting a decline of 8.5 percent compared to the second quarter of 2009. Notable in the second quarter are changes in title insurance underwriter family market share. The Fidelity Family leads the industry with 38.4 percent of the national market, up 1.4 percent from the first quarter. Meanwhile, First American declined 1.7 percent to 26.6 percent, Stewart increased 1 percent to 14.7 percent. Old Republic decreased .1 percent to 10.4 percent and regional companies decreased by .8 percent to 9.9 percent.

ALTA expects to release preliminary third-quarter Market Share Analysis around Dec. 1.

Posted via email from Title Insurance

Wednesday, September 22, 2010

HUD page 4 question

Could someone please provide the following correct information..????

I deal with 5-6 different lenders and I have seen page 4 of the HUD prepared 3 different ways...

#1 The YSP is showing as a credit "Paid to the Borrower"

#2 The YSP is showing as a credit "Paid to the lender"

#3 The YSP is showing as a credit "Paid to our Bank" (our loans are table funded)

I've experience considerable delays with some of my closing wires due to confusion that is created when companies do not complete page 4 of the HUD in a consistent manner. I was told that page 4 of the HUD is more for disbursement purposes and does not have to meet the same standards as pages 1, 2 & 3 on the HUD... I know it sounds nuts (you would have thought with all the RESPA changes there would only be "1" acceptable way to show the funds disbursements on page 4)..... Please let me know if any one else has or is encountering this same issue.. Thanks.

by Loan-er September 19, 2010 9:52 PM


i agree, the GFE/HUD-1 may have been constructed with good intentions, but is a mess. Every lender has a different interpretation, and a competent title agency is most important. the change of circumstance is another gem(gov't at work).
by MikeM-NJ September 20, 2010 6:06 AM


Yes, the HUD-1 new HUD-1 form is a difficult beast to master. However, it only has 3 official pages, not 4. Page 2 is used to show loan originator charges and credits to the borrower for YSP in lines 801 and 802. Any additional pages detailing fees and costs are not required by RESPA.

It sounds like someone in your company (or at the companies you deal with) has created" a "page 4" for internal disbursement purposes. Perhaps it is simply the closer's disbursement record. In any event, since it is not governed by the RESPA rules closers and others will fill it out in a way that makes sense to them, which will likely vary considerably.
by oldbe September 20, 2010 10:24 AM


Old be is right, you are going to see variances in the disbursement page. It is purely a rehash of page 2 fees showing where they are going, it does help on the title end when trying to balance a wire...
by Donktard Borker September 20, 2010 10:31 AM

Posted via email from Title Insurance

Consumer Bureau to Expedite Simpler Mortgage Disclosure

Leave a Comment
Follow us:    

Elizabeth Warren and U.S. Treasury Secretary Timothy GeithnerThe top U.S. framers of the new Consumer Financial Protection Bureau today affirmed a priority of simplifying the mortgage disclosure form as part of a broader effort to give families “better tools to make better choices.”

U.S. Treasury Timothy Geithner and Harvard profession Elizabeth Warren, newly-named Assistant to President Obama, hosted a forum to seek input on simpler mortgage disclosure, a task made mandatory by the financial oversight reform laws enacted in July.

Under the Wall Street Reform and Consumer Protection Act, the newly created consumer agency is charged with combining and simplifying two overlapping mortgage disclosure forms that emerged as a result of the Truth in Lending Act (TILA) of 1968 and the Real Estate Settlement Procedures Act (RESPA) of 1974.

Both forms are required to be presented to mortgage applicants. And they have converged somewhat over the years, but remain separate and too complicated for consumers to make one of the biggest financial decisions of their lives – taking out a mortgage, Warren said.

 Warren will report to both President Obama and Geitner as she creates the framework of the Consumer Financial Protection Bureau.

“Fine print obscures the cost of credit and makes it impossible for families to compare products,” Warren said in a statement. “Too often, families come to understand the legalese only when they get bitten by it. Streamlined disclosure can level the playing field and give families better tools to make better choices. “

She said simpler disclosure is particularly necessary in the mortgage market “where borrowers receive stacks of incomprehensible paperwork when they’re looking for a loan.”

The forum held today included consumer advocacy groups, housing counselors, financial experts, mortgage companies and other mortgage industry stakeholders.

A Treasury statement said feedback and ideas received at this and future meetings will contribute to expediting the “design and testing of new draft mortgage disclosure forms for consumers.”

Throughout this process, the consumer bureau team will work closely with the Federal Reserve on their pending proposals for TILA disclosures and the new disclosure requirements under the financial reform legislation.

“Simplifying these forms is a prime example of where we can and will accelerate our efforts to deliver real benefits to consumers as soon as possible,” Geithner said.

So just when we get the GFE firgured out, we may get yet another form?

Posted via email from Title Insurance

DFS Discusses Proposed Inducement Rule in Hearing

DFS Discusses Proposed Inducement Rule in Hearing

Re: Unlawful Inducement Rule 69B-210-010

Update from Beverly McReynolds, FLTA Agent Section Chair

The hearing yesterday afternoon in Tallahassee went quite well. After comments were heard from members of the FLTA and other interested parties, Nancy Rowell of the DFS took a few minutes to clarify the position of the Department. Her comments were well received by the audience. Below in bold italics you will see comments from the DFS and further concerns raised by audience members:

CONCERN: “The imposed restriction on advertising and marketing is anti small business. Only those who could afford radio, television and billboard advertising can make the real estate community aware of their existence and services.”

Posted via email from Title Insurance

Monday, September 20, 2010

First American Title Insurance Company Announces the Formalization of a Unique National REO Title and Settlement Services Network

—National Services Group Provides Single Point of Contact and Local Closings for Purchasers of Multiple-property Portfolios—

PR Newswire

DALLAS, Sept. 20 /PRNewswire-FirstCall/ -- First American Title Insurance Company announced today, at The Five Star Default Servicing Conference and Exposition in Dallas, the formalization of First American's National Title Insurance and Settlement Solution (FANTISS) network.

The FANTISS network provides a central point of contact to assist lenders in closing large volumes of real estate owned (REO) transactions through First American Title Insurance Company's network of local offices nationwide. FANTISS team members provide lenders with a single point of contact throughout the settlement process, allowing for a greater level of simplicity and efficiency when closing multiple-property portfolios.

Posted via email from Title Insurance

GMAC Halts All Foreclosures In 23 States On Heels Of Florida Judge Finding JPM Committed Court Fraud In Mortgage Misappropriation | zero hedge

Tyler Durden's picture

As we pointed out last week, a certain judge in Florida set quite a precedent when he found that JPM, as servicer for a Fannie mortgage, had committed court fraud by foreclosing while not in possession of the actual mortgage. We then concluded that "The implications for the REO and foreclosures track for banks could be dire as a result of this ruling, as this could severely impact the ongoing attempt by banks to hide as much excess inventory in their books in the quietest way possible." Not a week has passed since, and we are already proven right. Today, Bloomberg discloses that GMAC Mortgage, a unit of the affectionately renamed Ally Bank, has halted all foreclosures in 23 states, including Florida, Connecticut and New York. Who would have thought that being caught with your pants down, doing something so blatantly illegal as collecting on something you do not own, would actually have adverse consequences. And GMAC is just the beginning - we expect many more mortgage servicers to scurry now that the light has been shone on their shell game. The silver lining - the permabull pundits will cheer this development now that foreclosures will plunge off a cliff as mortgage holders and servicers scramble to reconcile who owns what, and just on whose balance sheet the mortgage flows should show up.

Posted via email from Title Insurance

Sunday, September 19, 2010

FOX News Interviews Chip Cummings – Real Estate Tax Credit; New Good Faith Estimate and Credit Cards | Loans & Credit Information

September 18, 2010 by Loans
Filed under: Credit 


Real estate and mortgage expert Chip Cummings is interviewed on FOX News 17 Morning Show with Keith Avery about real estate housing issues, including the new Good Faith Estimate, $8000 Tax Credit for first-time homebuyers, and credit card rates. Chip answers viewer questions about mortgages, credit, real estate and personal finance issues – including bankruptcy, foreclosures, REO properties and other related real estate topics.

Posted via email from Title Insurance

Jones Walker Law Firm Now Agent for First American Title in Florida

PR Newswire, August 25, 2010

September 17th, 2010

MIAMI, Aug. 25 /PRNewswire/ — Jones Walker announced today that it has been approved as an agent of First American Title in Florida. As an approved agent, the firm’s ability to write title policies in real estate transactions has expanded into Florida.

Louis S. Quinn, Jr., leader of the firm’s Real Estate Practice Group, stated, “The firm’s existing real estate practice extends to writing title insurance coverage and resolving related issues and disputes. Many of the firm’s attorneys are respected title insurance agents in Louisiana, having written more than $5 billion of title insurance since 2003. Extending our relationship with First American Title Company expands our offering of services to clients in Florida.”

Posted via email from Title Insurance

First American Title Insurance Company Introduces Mortgage Services Division -- SANTA ANA, Calif., Sept. 13 /PRNewswire-FirstCall/ --

—New Division Provides Title, Settlement and Valuation Solutions for Residential Originators—

SANTA ANA, Calif., Sept. 13 /PRNewswire-FirstCall/ -- First American Title Insurance Company today announced the launch of its new Mortgage Services division, which is designed to address the title, settlement and valuation needs of residential originators with national retail platforms.

First American Title's Mortgage Services division supports many of the nation's largest financial institutions in pursuing a national strategy for residential origination that focuses on speed, efficiency, customer satisfaction and cost reduction by providing custom closing solutions, leveraging the strength of a national underwriter, applying proprietary technology and tapping into the extensive resources available within the First American family of companies.

Posted via email from Title Insurance

Wednesday, September 15, 2010

Insurance News - Fitch Affirms Stewart's Ratings; Outlook Remains Negative

Fitch Affirms Stewart's Ratings; Outlook Remains Negative

September 14, 2010 | Business Wire

CHICAGO--(BUSINESS WIRE)-- Fitch Ratings has affirmed the 'BBB-' Issuer Default Rating (IDR) and 'BB+' senior unsecured debt rating of Stewart Information Services Corp. (SISCO). Fitch has also affirmed the 'BBB+' Insurer Financial Strength (IFS) ratings of Stewart Title Guaranty Company (STG) and its wholly owned subsidiary Stewart Title Insurance Company (STIC), collectively referred to as Stewart. The Rating Outlook for all ratings remains Negative.

Posted via email from Title Insurance

Opening A TITLE INSURANCE Agency in Florida

from Florida Dept of Financial Services

Opening a title insurance agency?
So, you’re thinking about opening a title insurance agency. Well, before you open the doors for the first time, a review of the laws and rules affecting insurance representatives and the operation of Florida title agencies could be very beneficial to you. After all, you want to maintain a successful title agency. Insurance laws are located in Title XXXVII of the Florida Statutes and in Chapters 69B and 69O of the Florida Administrative Code.
Here’s a quick overview of laws and procedures that new (and not-so-new) agents frequently inquire about, along with the applicable cites, for opening a title insurance agency.  If that's not for you, maybe you want to check out the guidelines for opening major lines insurance agencies - bail bond agencies and adjusting firms coming soon.

Naming your title agency

Florida law prevents you from naming your agency anything that would be misleading or deceptive in any way. Names chosen should not imply that the agency is an insurance company, governmental agency, or any other national or state organization. We will not allow any agency to use a name that does not meet this criteria. If you use the words "title insurance," "title guaranty," or "title guarantee" in your agency's name, you must follow it with the word "agency" in the same size and font. [s. 626.602 and 626.8413, F.S.]

Obtain a title insurance agency license

No individual or business can act as a title insurance agency unless it possesses a title insurance agency license. You apply for a license through MyProfile using the agency's information (Federal Employer Identification Number, etc.).  [s. 626.8411, 626.8412, and 626.8418, F.S.]

Alleged Fraudster Indicted in $1.8 Million Mortgage Fraud Scheme

Alleged Fraudster Indicted in $1.8 Million Mortgage Fraud Scheme

Darryl Stanley Paxton, Jr., a/k/a David Sosa, 34, Broward County, Florida, formerly of Maryland, on charges of wire fraud, money laundering, and fraudulent use of a Social Security number in connection with a scheme to defraud lenders of over $1.8 million, using a false identity. The indictment was returned on July 14, 2010 and unsealed upon the arrest of the defendant in Broward County, Florida, on state charges there.

According to the 15-count indictment, between 1997 and 2007 Paxton utilized the identification, including the Social Security numbers of a man and woman, both of whom had the initials DEB. During that period of time, Paxton began to use the fictitious identity, David Sosa, creating or obtaining a fraudulent Virginia driver's license purportedly issued on May 12, 1999, in the name of David Sosa. Paxton also created or obtained Georgia and District of Columbia driver's licenses in the name of David Sosa and on June 23, 2003, was issued a Maryland driver's license in that name.

Posted via email from Title Insurance

MyClosingSPACE.com Announces Nationwide Expansion of Its Title Insurance and Closing Services Business » Another Way

Business Wire, March 13, 2008

Move is Made After Online Title Business Proves Successful in Four State Test

HILLSIDE, N.J. — MyClosingSPACE.com, the country’s first online title insurance and closing services company, has announced it is now available to new homebuyers, mortgage refinancers, attorneys, lenders, and realtors nationwide. The decision was made after the title company successfully test marketed its innovative online business in New Jersey, Florida, Pennsylvania, and New York.

MyClosingSPACE.com opened in November of 2006, offering title insurance and closing services in New Jersey and Florida as a test for what it called a revolutionary new title industry business model committed to the lowest rates allowable by state and federal laws, the absence of junk fees, and faster service. The company expanded into Pennsylvania several months later, and six months ago, the move into New York was made.

Company president, Gregory Schmidt explains why myClosingSPACE.com’s expansion comes at the right time. “Obviously, this is a challenging time for the housing industry, and no one really knows what changes will come as a result. But, one thing is certain – real estate professionals and consumers will have to become more efficient and smarter, and that certainly includes buying title insurance and closing services.”

In keeping with its philosophy of creating smarter shoppers, myClosingSPACE.com provides customers with the ability to purchase title insurance and closing services online. Traditionally, title insurance is bought for the consumer by either a lender, attorney, or realtor. While the individual has always had the legal ability to purchase their own title insurance, the service has never been marketed directly to the buyer or refinancer. Due to widespread consumer ignorance, the industry has been plagued by allegations of backroom deals and influence peddling. Aside from ongoing investigations from various state attorneys general, the title industry was the subject of a recent GAO investigation and numerous stories from national media.

In addition to its online purchase capability, the company’s site provides other pioneering title-related services, such as an instant quote page, which those simply looking for a house can use to calculate closing costs for a potential purchase. Buyers and refinancers can use the online, guaranteed quote page to itemize exact mortgage closing costs.

A document storage service is available to those who have made a down payment on a purchase or begun the refinancing process
nj realtor

Posted via email from Title Insurance

Consumer costs increase with RESPA reform

As is often the case with newly implemented “consumer protection” regulations, the consumer ends up paying more. Today’s mortgage borrowers can expect to pay more as a result of this past year’s RESPA reform, according to a recent study by Bankrate Inc.

Estimated fees charged directly by lenders increased by 22.8 percent, while fees charged by other service providers (i.e., title companies) increased 47.2 percent, according to the study that was conducted in 49 states.

Now it is true that the Bankrate study only examined estimates provided by lenders and not what the consumer actually paid at the closing table. In other words, it may be the case that lenders are now over-estimating closing costs in order to avoid the penalties associated with the new Good Faith Estimate (GFE) tolerance limitations.

Assuming this is the case, what is the benefit to the consumer?  I suppose one could argue that the consumer is spared the “Day of Closing Surprise” element but, on the other hand, the consumer may be discouraged from refinancing or buying due to estimated costs that are purposefully inflated.

Posted via email from Title Insurance

Monday, September 13, 2010

Bivins & Hemenway, P.A. Forms Florida Title of Valrico, LLC

Tampa Bay area law firm Bivins & Hemenway has teamed up with real estate closing specialist Lynn Langowski to form Florida Title of Valrico, LLC.

Quote startAlthough our firm has provided quality title insurance and real estate closing services throughout its history, and will continue to do so on the commercial side, the partnership with Lynn Langowski and the formation of Florida Title allows us to take our services to a new level and to explore new marketsQuote end

(Vocus) September 13, 2010

The Tampa Bay area law firm of Bivins & Hemenway, P.A., announces the formation of Florida Title of Valrico, LLC, an affiliated title company through which the firm will expand and market title insurance services into the broader residential real estate market. Florida Title is a joint venture between Bivins & Hemenway, P.A., and Lynn Langowski, CLC, a real estate closing specialist who joined the law firm in June 2010.

Before joining Bivins & Hemenway, Mrs. Langowski served as the manager of the Valrico office of Southern Title. Ms. Langowski has over 21 years of experience in the title insurance and real estate closing fields and has received the distinctive, professional designation of Certified Land Closer (CLC) from the Florida Land Title Association’s Certified Land Title Institute.

Posted via email from Title Insurance

eLynx Rolls Out eHUD Serviceto eCN

eLynx, a portfolio company of American Capital, said that it has released its new eHUD service, a component of the Electronic Closing Network (eCN), for lenders and closing agents to comply with RESPA regulations governing good faith estimates (GFE) and the HUD-1.

Recent changes to RESPA regulations limit the differences allowed between the fees disclosed on the GFE and the amounts collected from the borrower at the closing table. These controls require that lenders and settlement agents work closely to negotiate fees and limit differences on the HUD-1 while preparing mortgage documents, according to eLynx.

Posted via email from Title Insurance

Mortgage Fraud Blog - Architect Sentenced to 5 Years for Mortgage Fraud

Architect Sentenced to 5 Years for Mortgage Fraud

Robert Policastro, 57, most recently of Vienna, Austria, was sentenced to five years and three months in federal prison for conspiracy to commit mail and wire fraud (mortgage fraud). The court also entered a money judgment in the amount of $9,082,394.20, the proceeds of the mortgage fraud conspiracy. Policastro had pleaded guilty on May 17, 2010.

According to court documents, Policastro, who was an architect, conspired with a Florida licensed title agent to commit mortgage fraud. Policastro took out primary loans to buy several million-dollar properties in Miami, and then, without the knowledge of the primary lender, obtained a "silent second" loan on each property. The "silent seconds" financed Policastro's down payments for the properties and allowed him secretly to take money out of the deals. To hide the "silent seconds," the title agent prepared false, "dueling" HUD-1s to send to both the primary and the "silent second" lenders so that each was unaware that Policastro had obtained two loans on each property. The loans were closed in Pinellas County.

Posted via email from Title Insurance

Thursday, September 9, 2010

eMortgage/eClosings in Today's Market; A renewed interest

Posted by napratt

This is a good article on eMortgages.  We certainly have the ability to support eMortgages today.  We can support a true paperless eMortgage depending on the business model of the Lender and if their partners are also “e”enablesupporting the paperless file throughout the closing process , recording and delivery.    

However, if the Lender does not support eNotes currently and they are not doing business  in a county that supports eRecording, they can support  hybrid eMortgages/eClosings. They simply wetsign the Note and the recordables, but support the remaining 98% of the file in a paperless environment.  By doing hybrid eTransactions, they are seeing tremendous benefits by improved data integrity, less costs and offering a better experience to their customers.

There has been a renewed interest in the Lending community with eMortgages and eClosings.  With the expectation of the passage of H.R. 4229 Bill; ( Borrowers Right to inspect Closing Documents Act of 2009)  This bill would make it the responsibility of the Lender to provide the closing package to the title agent no less than 4 days prior to closing and would then require the title agent to deliver the package to the borrower 3 days prior to closing.  The bill would allow for delivery via  electronic communication.

As we approach the winter months, it is a good time to look at the technologies that are available to improve your business practices and find new ways to gain market share by  building a relevant niche in your marketplace to drive more business to your bottom line.  By embracing eTechnologies , you can accomplish this goal and make this a reality.

Nancy

Lenders Eager to Transform Cascade of Paper into Stream of Data

Thursday, September 9, 2010

By Ted Cornwell

Efforts to reduce paper in the mortgage lending process hit a snag after the foreclosure crisis, with investors and government agencies imposing stricter documentation requirements for home loans. But while the Dunder Mifflins of the world aren’t going out of business yet, recent indications suggest that e-mortgages and other paper elimination initiatives are once again gaining traction.

A recent survey by Xerox Mortgage Services finds that 86% of industry executives expect e-mortgages will account for a majority of loans produced within seven years. While just 4% expect e-notes to be in the majority within two years, 42% expect e-mortgages to account for most mortgages within three to four years. Another 40% expect the tipping point to occur within five to seven years. The survey confirms that momentum for electronic commerce is still growing. Sixty-nine percent of lenders say that they are seeing an increase in electronic disclosure forms being used in the lending process, and for many firms electronic disclosures may pave the way for electronic signatures and e-notes at the closing table. And a substantial majority (79%) think that decreased processing costs, quicker turnaround time and supporting compliance are key factors driving the paperless lending processes.

The benefits are indisputable. A 2006 MISMO study estimated that a typical mortgage company would see a 25% improvement in overall closing costs during the second year after implementing an e-mortgage solution, and that the benefit would exceed its implementation costs within three years.

Todd Moncrief, vice president for business development at Xerox Mortgage Services, was at the first MISMO meeting devoted to the topic of e-mortgages. While progress in moving toward truly paperless lending has been slow, he says the value proposition is getting stronger for lenders as evolutions in technology increase potential cost savings.

“There is a steady movement toward a true e-mortgage, which the MBA and MISMO define as a true e-promissory note being signed at closing,” Moncrief told Mortgage Technology. “More people are educated about what you have to do, where are the holes in the process that have to be covered and who are the players who have to be involved.”

Moncrief acknowledges that in the interest of marketing, a lot of people are saying they are doing paperless mortgages when they really haven’t met the MISMO definition of that phrase. In fact, 63% of survey respondents say companies can call themselves paperless even if they are not doing a true e-mortgage.

While the foreclosure crisis has resulted in renewed documentation requirements, the crisis may also spur the industry to embrace secure electronic documents, which can serve as a barrier to the old “white out” version of document fraud. That’s especially true now that the government-sponsored enterprises are placing more responsibility on originators to ensure the accuracy of loan data.

“Everybody now has a big vested interest in their quality control today,” Moncrief noted.

Documentation is king in the marketplace right now, he said, creating new hurdles for lenders that are trying to embrace paperless processes. But the digital revolution has not been abandoned. Because of the renewed emphasis on ensuring the accuracy of information on loan applications, paper or imaged documents, such as W-2 forms, bank statements and tax returns, will likely remain a part of the loan file, though the documents may be imaged and the data captured for digital use.

And for that reason, lenders in Xerox’s latest survey emphasize that “a real paperless solution” must provide the flexibility to work with paper, images and electronic documents.

“It’s an evolutionary process, and they need a way to move the process around to get the incremental benefit,” Moncrief said.

So what does a truly paperless process look like, according to the survey?

Ninety-two percent of respondents said it involves using electronic documents instead of paper or paper-sourced images, while 88% said it entails electronic delivery of closed loans to investors. And 83% said storing loan notes in an electronic repository, or e-vault, is a critical component of paperless lending.

Moncrief said a lot of people have to be able to touch the e-mortgage note in the process of funding a loan. Fannie Mae created the first e-mortgage in 2001, but that involved just one lender selling directly to Fannie Mae. For many home loans, the route to financing is not so quick and easy.

The whole network of parties involved in a loan closing will need to have the means to manage electronic mortgage notes. And investors will have to be on board as well. So far, Fannie Mae and Freddie Mac have embraced it. But to date, the FHA does not accept electronic signatures, and that creates a stumbling block.

“If 50% of the market is FHA, you have to wait on them,” Moncrief said.

But he said the FHA is making progress, noting that the FHA now accepts imaged documents for its 10% audit requirement.

Further down the line, custodians, warehouse lenders and servicers also have to be on the bandwagon for e-mortgages to really take off. Not only will they all need to have access to the technology for handling e-mortgage notes, they’ll also need to have rules, rights and processes in place for managing them.

“All of those things have to be greased,” Moncrief said.

To date most e-notes have been processed by lenders that serviced the loans themselves and sold directly to a single investor. But some of the lenders that served as e-mortgage pioneers have seen changes in ownership as a result of the industry crisis, and now their portfolios are being sold. That means that a new servicer will need e-note capabilities.

That is helping to smooth the “natural progression” of increasing e-note acceptance across the mortgage spectrum, Moncrief said, which may be one reason why industry participants are now regaining optimism about the likelihood that a majority of loans will be processed as e-notes within seven years.

In 2008, only 27% thought a majority of loans would go the e-note route within three to seven years.

“It’s on the horizon. It’s coming,” Moncrief said.

The Push from MERS

Moncrief credits MERS, the industry-owned utility that tracks the ownership of mortgages and servicing rights, with doing much to promote the adoption of e-note technology. MERS has created an e-registry for tracking e-mortgages ownership, though the actual electronic notes are stored on e-vaults offered by industry vendors, including Xerox.

Dan McLaughlin, executive vice president and product division manager at MERS, said 177,000 e-notes have been added to the registry as of August.

“We’re averaging right now 250 to 300 notes a day. We expect to see those volumes start going up,” he said.

Despite the relatively modest volume to date, McLaughlin sees reasons to believe that e-note usage is poised to start growing again.

“Things were going really well up until the financial crisis. Large organizations that had big plans to implement electronic notes put those plans on hold for obvious reasons,” McLaughlin said.

For one thing, Wells Fargo has indicated that it plans to start accepting e-notes from correspondent lenders next year, a move that will likely pressure other big aggregators to follow suit.

Today, the firms that have been successful originating and selling e-notes are mostly GSE-approved seller-servicers that are depository lenders and don’t need to finance their mortgage production through a warehouse line of credit, McLaughlin said.

“The traditional warehouse lending community, for reasons that aren’t real clear, has been reluctant to enter into this electronic note world.”

That may reflect unease with using e-notes as security instruments for warehouse lines, he said. But those fears can be overcome. In late August, McLaughlin said three warehouse lenders were poised to start accepting e-notes in the near future.

“That’s a big deal. Once you start seeing warehouse lenders being successful, generating significant volume, that becomes a very significant competitive issue for those that are not doing electronic notes.”

Lender Perspectives

David Miller, senior vice president for business development at Cenlar, a major subservicer, told MT that the adoption of e-mortgages has lagged behind earlier expectations. So far, he said he’s seen about a 3% to 4% increase annually in actual e-note mortgages coming in the shop. Cenlar is one of the few vendors approved for e-notes by Freddie Mac.

“Were not seeing the level that one might have accepted with the hype over the last couple of years on e-note documents,” Miller said. “We do have repositories in place, but we’re not seeing the usage. It just hasn’t caught on the front end.”

Miller said e-note acceptance has been slow in part because of concern about storage of documents, with many industry participants lacking a good understanding of how official e-notes are stored and traded. There are also questions about the legal ramifications of using e-notes, he said. But he remains optimistic that e-note adoption will become widespread “on the shorter end” of the three- to seven-year timeframe suggested by the survey.

E-notes are not the only component of going paperless. Miller said most lenders have a back-end imaging solution in place so that loan files being boarded on a servicing system come in as images rather than paper documents. Cenlar has built an interface that connects a lender’s imaging system to its own to facilitate boarding loans onto the servicing platform. Imaging has yielded dramatic improvements to customer service by eliminating the need to store and track down paper, he said.

“Today, through our workflow imaging system, what we are able to do is bring documents up dynamically to a customer service representative.”

Cenlar has also added imaging to its mailroom for correspondence, such as assignments and payoff requests, pertaining to loans already on the servicing system. Cenlar uses OCR (optical character recognition) technology so that data can be lifted off documents in an automated fashion, eliminating the need to retype information that is received.

“I think we are really just starting to scratch the surface of that technology,” Miller said.

Pat Hinman, CIO of Shore Mortgage, Birmingham, Mich., says his company went 100% paperless early this year. That means loan packages are sent to closing in an electronic format, though they still have to be printed at closing for wet signatures. Once the closings are completed, the final package is imaged again for electronic delivery to investors.

Shore Mortgage accepts imaged loan applications from brokers using a workflow system that allows the loan to be underwritten in an entirely paperless environment, Hinman said.

“The delivery to investors is all electronic as well, both the data side of it and the images.”

Still, Hinman said e-notes have been slow to take hold in the marketplace.

“Everybody keeps pointing to it, but from my perspective, everyone has been pointing at it since around 2004 or 2005,” he said. “We have the technology available. We understand the technology. We’re just waiting for investors to start taking them.”

Hinman said his firm has received “virtually no resistance” from consumers when using e-signatures for disclosures and notifications. He agrees with the Xerox survey finding that most lenders expect e-mortgage adoption to take off within the next three to seven years.

“I’m hoping it will be more in the one to three range,” he said.

John Baymiller, executive vice president of mortgage banking at New York Community Bank, sees another reason why e-mortgages will win over the market: capital incentives.

E-notes have given NYCB, which last December acquired the assets and mortgage operations of e-mortgage pioneer AmTrust, much more flexibility in managing its warehouse, Baymiller said. Having the freedom to sell loans quickly, within a few days after closing, frees up capital that would otherwise have to be held against the loans during the typical 30-45 day warehouse holding period. Moreover, if the bank deems it worthwhile to hold the loans for a longer period of time to take advantage of spread income, it can quickly switch gears and adopt that strategy based on market conditions.

“That alone should have the attention of every CFO in this business,” Baymiller said.

He said lenders that want to embrace paperless loan processing need the support of the company’s board of directors to ensure that paperless processing is a strategic priority. Trying to implement paper reduction efforts in a piecemeal fashion won’t work, he said.

“Pulling it together does require a full corporate strategic vision, commitment and execution.”

NYCB, via AmTrust, accounts for the majority of e-loans on the MERS e-registry. But Baymiller expects to see many more lenders names in the e-registry in the near future.

“I’m shocked it hasn’t happened faster,” he said. “The impediments have been substantially removed.”

Nancy G. Pratt

Director of Business Development/eStrategy Manager

PropertyInfo Corporation /eMortgage Solutions

Direct         317-414-4268

email       npratt@stewart.com

Posted via email from Title Insurance