February 3, 2012

New Lower Rates For Title Insurance – Consumers Benefit

Savings Ahead Road SignTuesday – I learned that both Lawyers and Chicago Title Insurance Companies had simplified their rates.  I see this as a great move on the part of these two title companies. What they have done is made their short term rate now the standard rate. Previously, the short-term rate was a discounted rate homeowners would receive if they used the same company to rewrite a title policy typically within five years. For example, Mr. Smith, a Simi Valley homeowner refinances his house. At the time of the refinance ,new title insurance is ordered. Three years later Mr. Smith decides to sell his house, if he uses the same title company that was used at the time of his refinance, then a discounted or known as the short-term rate would apply.

Understanding title insurance really makes all of us wonder how expensive should it really be. We know that a property and casualty insurance company such as State Farm is very busy handling accident claims after the season’s  first rain. These property and casualty insurance companies have a pretty predictable loss pattern. Title insurance on the other hand, is quite different. How often has someone you’ve known  had to make a claim against their title policy? I’m not sure if I know anyone who’s ever had to make a claim and I’m around this stuff all the time. So thinking back on property and casualty insurance in comparing the loss ratios to a title company; title companies probably have the lowest loss claims in the insurance business. This high profit margin insurance business should offer very favorable rates, however until recently this was not the case.

One other thing you should consider is that is that the buyer and the seller have a choice in which title company is used. Make sure, you’re able to see the rate sheets of a few companies so you can compare rates. Your concern in a title policy is not only price, but if the company will be around in the rare case you would need to make a claim. Knowing this, it is important to understand that there are several very large title insurance companies (nationally) which underwrite the smaller companies. While the buyer and seller have  choice, price and company stability should be weighed heavily.  Also consider that some real estate companies have a financial relationship or interest or quasi-interest  in  certain  title insurance companies. Your broker should provide you with the disclosure if this is the case.  Because of the low loss ratio and the high profit margin on these title policies, brokers look for these arrangements as an additional profit center on transactions and title companies look to these relationships as a way to monopolize business.  This should be a clear cut RESPA Violation under Regulation X, but it happens and certain brokerages have found a way around RESPA.

In the last year the California Department of Insurance has cracked down on title companies and their perks to real estate brokerages. This is definitely helps the consumer, but some brokerages are finding loopholes and continuing in their old ways.

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Author – Ted Mackel Simi Valley Real Estate Agent – Keller Williams Realty

Ted Mackel is a top producer at Keller Williams Realty Simi Valley,

specializing in Simi Valley Real Estate

(805) 432-7705

Fidelity National Title set to Acquire LandAmerica Title

Fidelity National Title set to Acquire LandAmerica Title

How will this impact home buyers and home sellers? The immediate impact will be in the lending industry. Several banks have refused to approve home loans for funding with LandAmerica Title policies. If your home is currently in escrow and LandAmerica (Lawyers Title) is the title insurance company, you better check with the bank making the loan for your transaction to see if they will accept a LandAmerica policy.

This merger will create the largest title insurer in the country. The largest is not always the best. Think of any insurance policy you have, whether for your car, home or life. Those types of policies have a loss payout ratio. Think of the ratio of car insurance policies to accident claims against those policies. Now think about a Title insurance policy and how often home owners make claims against their title insurance policy. I bet you know people directly that have made a claim against a car insurance policy, but how many people do you know that have needed to make a claim on a title insurance policy?

On its most basic principle your Title Insurance Policy insures that the chain of title (the ownership from each owner to owner) is legal and accurate. The polices can cover encroachments and other property related issues, but when you really look long and hard the loss ratio for a title insurance company on these policies; that loss ratio is extremely low.

If you are asking why a home seller would need this knowledge, the answer is that your real estate agent will suggest which company to use and the fees are different. My main point of contention is, that if you can significantly save money on a policy then the relationship your Real estate agent has with any particular title insurance company is something to pay attention to. If you are a seller, your buyer pays for a lender’s title insurance policy and the buyer and the seller deserve the best most competitive rate from a competent title insurance company.

One last note. It is against the law for insurance companies to match the rate of their competitors, so if this is a suggestion from a real estate agent that values the relationship with their title insurance rep more than their relationship with you (the buyer or seller) it might be time to find a new real estate agent.

In Simi Valley there are several title companies that have been very active in this area over many years, unfortunately lawyers was one of those companies. First American and Fidelity are two others. Chicago Title and Ticor are under the Fidelity umbrella. This is very important for home sellers, when the real estate agent is in your home giving you the estimated cost sheet to sell your home, ask to see a quote on the Title Policy from two or three of the companies so you know you are getting the best rate.