Wednesday, November 28, 2012

Simplifile and Erxchange Partner to Expand E-Recording Nationwide

PROVO, Utah (PRWEB) November 27, 2012

Simplifile, the largest and leading provider of electronic recording (e-recording) services, today announced that Simplifile has entered into a partnership agreement with Erxchange, a leading electronic recording solution, to extend the Simplifile e-recording network into 31 new counties previously only available through Erxchange. The newly formed partnership also enables Erxchange customers to submit documents into the Simplifile e-recording network of more than 790 recording jurisdictions nationwide.

Three new counties are currently accessible through the Simplifile network - Cook County, Ill., Hidalgo County, Texas, and Bell County, Texas – and the remaining 28 counties will become available in the coming weeks and months. Thousands of existing Simplifile e-recording customers, including title companies, banks, attorneys, lien filers, and other organizations, can immediately take advantage of the partnership.

Erxchange customers that submit documents through Simplifile will now have access to Simplifile’s 24/7 technical support, an assigned account representative, free training courses and API support for system integration - and benefit from Simplifile’s unmatched document type support.

“Our partnership with Erxchange will ensure that all of our mutual customers will have access to the best resources to electronically record documents across the county,” said Paul Clifford, President of Simplifile.

“As more submitters can e-record nationally through various jurisdictions, Simplifile’s and Erxchange’s mutual goal of widespread e-recording adoption will be met,” said Jason Miley, business manager at Erxchange. “This partnership enables both companies to provide its customers with unparalleled opportunities for e-recording.”

About Simplifile

Simplifile is the nation’s largest and fastest-growing e-recording service. Simplifile supports thousands of e-recording customers that include title companies, banks, attorneys, lien filers, and other organizations that create and submit documents to more than 790 local, state, and federal government jurisdictions. Simplifile’s electronic document services save time and the expense associated with traditional document submission methods.

Simplifile is focused on building the industry’s largest and easiest-to-use network. As such, Simplifile provides a streamlined and scalable approach to electronic recording for organizations of all shapes and sizes. More information about Simplifile may be found at simplifile.com or by calling 800-460-5657.

About Erxchange

Erxchange is a leading electronic recording solution that has been serving the mortgage industry for a decade. Hundreds of title companies, mortgage banks, mortgage brokers, fee attorneys and other submitting organizations use Erxchange to reduce costs and improve service levels. More information on Erxchange can be found at http://www.erxchange.com.

“Simplifile” is a registered service mark of Simplifile, LC.

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Monday, November 26, 2012

Title agents are wary of third-party vetting firms

A debate is raging among real estate professionals over the role of third-party firms that vet the reliability of settlement service companies working for lenders.

Seizing on the already jittery lending community, a number of start-up firms created something called third-party vetting companies. The mission of these for-profit firms is to fill the supervisory gap between lenders and the firms they hire to oversee real estate closings for consumers.

For a fee, these “vetters” purport to conduct a due diligence investigation into the settlement service providers’ practices and procedures and generate a low-, medium- or high-risk index score that they then make available to lenders and others in the mortgage-lending industry.

These lenders then can withhold business from settlement agents receiving a high-risk score. The vetting companies’ goal is to monitor in an ongoing and uniform manner that settlement service providers comply with all applicable laws and rules and follow the industries’ best practices. In return for that fee, settlement service providers, such as settlement agents, are “promised” preferential access to lenders’ settlement business.

On its face, this business model may seem beneficial in offering more oversight protection for consumers, but there are serious flaws with this unregulated practice.

Promising to deliver settlement business in exchange for paying a fee is illegal under the Real Estate Settlement Procedures Act.

These anti-kickback provisions were enacted to protect consumers from picking up the tab for such referral fees, which are passed along as higher settlement costs. But Andrew Liput, president and chief executive of Secure Settlements, a third-party vetter, says his firm offers a valuable service and does not violate the provision. “Since we are providing vetting services to settlement agents with no guarantee of referral business or even a guarantee of a ‘low-risk’ index score, we are not accepting payments in exchange for referrals,” he said.

But settlement agents are already “vetted” by at least three levels of government oversight and private industry. In many states and the District, selling title insurance requires a license from the insurance commission. To obtain a license, the settlement agent must complete a detailed application, provide financial and personal data and post a fidelity bond. Before a surety company will issue that bond, it conducts a detailed background check, runs a credit report and analyzes the applicant’s business and personal creditworthiness.

Most important, before a settlement agent can become an agent for a title underwriter, he must satisfy that title underwriter’s rigorous screening, education and training protocols. Underwriters audit their agent’s accounts at least annually. These audits are then used to identify and address any deficiencies in the settlement agent’s practices and procedures. “The more that consumers know about the protections that already exist in the title industry, the better,” said Michelle Korsmo, president of the American Land Title Association (ALTA), the title industry’s trade association.

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Friday, August 10, 2012

CFPB mortgage servicing rules

The CFPB has released its proposed mortgage servicing rules.  The proposals consist of a Real Estate Settlement Procedures Act (Regulation X) rule and a Truth in Lending Act (Regulation Z) rule Comments on the proposals will be due by October 9, 2012.  

Take a look at the documents and let the CFPB know what you think.

Participate in the formal comment process by going to Regulations.gov (TILA Servicing or RESPA servicing) to send us your comments, or

Visit our partner, the Cornell e-Rulemaking Initiative, to read other summaries of the rules on www.regulationroom.org and participate in an on-line conversation about them. Cornell will share with us a summary of the feedback that you and others provide.

 

201208_cfpb_tila_proposed_rules.pdf Download this file
CFPB-2012-0034-0001_Reg_X.pdf Download this file
201208_cfpb_summaries_proposed_rules-consumers.pdf Download this file

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Thursday, July 26, 2012

CFPB RESP Rule Guidance

If you want to take a look at the new RESPA Settlement rules guidance published by the Consumer Financial Protection Bureau, go here and you will receive a link to the document.

 

http://learntitle.com/titletalk/new-cfpb-respa-rule-2/

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CFPB Guidance

If you want to take a look at the new RESPA Settlement rule guidance published by the Consumer Financial Protection Bureau, go here and fill out the form.  You will receive a link to the document.

http://learntitle.com/titletalk/new-cfpb-respa-rule-2/

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Monday, July 9, 2012

Disclosure comparison > Consumer Financial Protection Bureau

Consumer Financial Protection Bureau

(855) 411-2372

An official website of the United States Government

Take a look at this website from CFPB. It shows what the new HUD statement is going to look like and gives you an opportunity to comment on it.

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Real Estate Prices Are Going Back Up

View: Kolko Ed

Illustration by Ian Michael Rousey

House prices, after falling for more than five years, are rising again. All the major sales-price indexes show that there have been modest national increases in recent months, even after adjusting for seasonal patterns.

When foreclosures and distressed sales are excluded from the data, prices are up even more. And we should expect further gains: The asking-price index, a leading indicator of sales prices, published by Trulia Inc. (where I work), climbed at an annualized rate of 3.3 percent in the second quarter of this year, adjusted for mix and seasonality, and rose in 84 of the 100 largest U.S. metropolitan areas.

Of course, if the U.S. economy falters, due to a deepening of the economic crisis in Europe or a wave of foreclosures, prices may reverse. For now, though, the increases are widespread. For the real-estate market and housing policy, this is cause for relief, but also for some concern.

One immediate effect of the price turnaround is that inventory tightens. In the past year, beginning even before prices rose, the inventory of listed homes shrank 20 percent, due to fewer foreclosures for sale and little new construction. Smaller inventory contributes to price increases; when there are fewer homes available, sellers can ask more. In some local markets, bidding wars have returned. Now, rising prices could even accelerate the decrease in inventory in the short term, as buyers act quickly in hopes of paying as little as possible, and sellers hold off listing their homes in anticipation of further price increases. In fact, 61 percent of people do expect prices in their local market to rise in the next year, according to a recent Trulia survey.

Sales Effect

In the longer term, if rising prices last, inventory will grow. Higher prices will encourage more owners to sell, including some who have been “underwater” on their mortgages, as well as banks holding portfolios of foreclosed homes.

Rising prices will also cue housing developers to accelerate construction. After overbuilding during the real- estate bubble, the construction industry has been very slow to recover. New-home starts are still less than half of normal levels, and construction jobs now account for a smaller share of economy-wide employment -- 4.1 percent -- than at any time since 1946. If rising prices nudge construction closer to normal, the housing market might finally contribute to, rather than hold back, the general economic recovery.

Rising prices should also take some pressure off policy makers to “fix” the housing market, and make some mortgage- modification programs more feasible. In particular, shared- appreciation loan modifications -- in which a lender or government agency reduces the amount of principal a borrower owes in exchange for a share of any future price appreciation -- become possible when there is a reasonable chance that prices will go up. Crucially, underwater borrowers -- those owing more on their mortgages than the property is worth -- who expect prices to rise have less incentive to default on their loans and abandon their homes.

Yet along with rising prices come two serious concerns.

First, higher prices make homes harder to afford again. When prices plummeted post-bubble, concerns about affordability faded. Even now rents are gaining faster than home prices, according to the Trulia Rent Monitor, which makes owning a better bargain than renting. Still, rising prices make it harder for renters to buy. And, in markets such as coastal California and New York City, where new construction is limited by geography and regulations, high prices put homeownership out of reach for many residents.

Building Rules

While San Francisco is too beautiful and Manhattan too productive ever to become cheap places to live, local policy makers could make homes in expensive cities easier to afford by loosening restrictions on new construction. They could allow higher densities, as California is attempting to do near transit stations. In Washington, they could relax the height limit. And everywhere they could simplify and clarify the rules for approving projects. More construction in cities would mean less of it pushed out to sprawling exurban areas, where overbuilding during the bubble led to some of the nation’s most widespread foreclosures.

The second reason for concern over rising prices is that they fuel optimism. Some optimism is desirable, but unchecked optimism creates bubbles. In a recent Trulia survey, 58 percent of people said they expect prices in their local market to return to their previous peak in the next 10 years. In Pittsburgh, Houston and other markets where prices slipped only slightly during the recession, it’s plausible that they will again reach their previous peak. But even in the hardest-hit markets, such as Las Vegas and Sacramento, where prices rose to unsustainable levels and then fell by half or more, 56 percent of people still expect them to rise to their previous peak in the next 10 years. Such optimism can lead to a bubble if people pay more for homes that they expect to appreciate.

To ensure that rising prices and renewed optimism don’t inflate a new bubble, we must not encourage homeownership and housing construction beyond what our income and demographics can support.

Although full recovery in housing is still years off, rising prices will start reshaping the market right away -- for better and for worse.

(Jed Kolko is the chief economist at Trulia Inc., the online real-estate marketplace. The opinions expressed are his own.)

Read more opinion online from Bloomberg View. Subscribe to receive a daily e-mail highlighting new View editorials, columns and op-ed articles.

Today’s highlights: the editors on whether it’s a penalty or a tax and the latest jobs report; William D. Cohan on Finra’s captive arbitration system; Susan P. Crawford on whether Google is a monopoly; Albert R. Hunt on gaming the Electoral College; Simon Johnson on banks’ living wills; Pankaj Mishra on the false promise of Asian values.

To contact the writer of this article: Jed Kolko at jed@trulia.com

To contact the editor responsible for this article: Mary Duenwald at mduenwald@bloomberg.net

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