| The Scene |
| Split-up of First American, coming soon, will be a down day for the title industry, making a small industry smaller and less consequential |
| Following Fidelity National's similar move in 2006, the major insurers, with the exception of Stewart Information, are now where they were twenty years ago. Stewart may now have the most technological capability of any major title insurance underwriter. |
| The worst is over, says Greenspan |
| But home prices will continue to fall, probably through the year 2009, says former Fed chairman Alan Greenspan. |
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| Likelihood that the title industry will come out of this without new regulation seems almost nil |
| Although no one is focusing on the industry now, experts agree there will be significant new regulation of mortgage lending before this is over. How can settlement services expect to be omitted from that? HUD's wish to require closing agents to play a new role in helping borrowers understand mortgage terms could be a small beginning. |
| If borrowers are still clamoring for loans, how long can this downturn continue? |
| The demand is there. Although mortgage lenders continue to disappear and the secondary market is in disarray, the demand for loans by consumers is still strong. As a result, new kinds of 'hard money' lenders are beginning to appear. |
| Home prices could be stabilizing |
| March sales of existing homes were two percent off the prior month and 20% off last year. Median home prices were off as well, but only by small fraction, leading some to believe the slide in residential values may be slowing. |
UBS and Citi continue the parade of writeoffs and writedowns, their profits disappear, and their senior managers find themselves in danger of losing their jobs |
| Total damage to Zurich-based UBS this last turned out to be $37 billion. That's billions. For Citi the damage this quarter was only $6 billion resulting in a net loss of $5.1 billion. Some fear losses at smaller community banks may be endangering them. . |
| Title Claims Paid in 2007 Will Likely Break All Records |
| So say reports. The grand total in 2006 was $870 million; 2007 will no doubt be higher and could be much higher. This isn't reserves for claims but actual dollars paid out for what's technically called "Losses and Loss Adjustment Expenses." See the Condell Private Letter of April 21, 2008. |
| Fortress Group Subprime Startup Is a Definite Sign of Life, |
A new prime lender might make more sense in this time of turmoil, but new enterprises of any kind are things this economic environment needs. Fortress Financial Group, Inc is assembling a subprime consumer products group and set to acquire a large mortgage lending operation, according to Mo rtgageDaily.com. |
| Paulson Calls for an Option to Charter Insurance Companies Nationally |
| Almost lost in his other blockbuster reform proposals, Treasury Secretary Paulson urges an end to exclusive state regulation of insurance, calling for an option to charter insurance companies nationally. It's an idea that's been kicked around for a while and on which title insurers have differing options. Secretary Paulson e also calls for creation of a "Mortgage Origination Commission," with authority to oversee mortgage originators whether national or state chartered. |
| Lennar Says Home Sales Off 60% |
| The big homebuilder says delivery of 3,600 new homes in the first quarter is off 60% from the prior year. New orders are off 57% and cancellations are up 26%. Lennar also owns a title insurance underwriter. |
| A Sign of Life: Lowered Prices Bring Out February Homebuyers, Boosting Resales and Rallying the Markets |
February home sales were up 2.9% over January, the first increase since last July, up to an annual rate of 5.03 million. Of course, median prices had to plunge to make it happen, all the way down to $195,900. |
| Anti-Trust Suits Against the Big Title Insurers Now Number About Seventeen |
| That big class action anti-trust action brought against all the major title insurers in New York has quickly brought out a slew of additional plaintiffs. Reports say there have been something like fifteen additional copy-cat suits brought in New York plus one in California. |
| A Critical Moment? U.S. Is Moving Fast to Beef Up Fannie, Freddie, and FHA to Get Top-End Lending Moving Again. Meanwhile, the Demise of Bear Stearns Will Not Help |
OFHEO is working fast to get Fannie and Freddie in position to increase their capital so the pace of mortgage lending can pick up. HUD is trying to figure out how to get more borrowers to qualify for FHA loans even though their present mortgages are in distress. Regulators and Congress seem to believe this to be a critical moment. The weekend demise of Bear Stearns, heavily into real estate exposures of several kinds, will not provide confidence. This smallest of the major investment banking houses is now owned by J.P. Morgan Chase. |
| Will Title Insurance Be Forced into Fundamental Change? |
The major title insurers typically ignore media criticism, regulatory discipline, even class-action litigation. viewing them as costs of doing business that will fade from attention. But the subprime meltdown will result in widespread change in all aspects of the real estate community. Given the title industry's negative public image at this time, how can it expect to escape attention.? See the Condell Private Letter of March 25, 2008. |
| Cuomo Wins; Fannie and Freddie Agree to Terms on Appraisals |
Reports say NY AG Cuomo has wrung from Fannie Mae and Freddie Mac an agreement under which originating lenders whose loans they buy shall not be able to influence the selection of appraisers. The details of the understanding are not yet clear. |
| "We Will Vigorously Defend" |
CEO Parker Kennedy of First American calls the NY anti-trust suit an attack on the title industry and promises the four big insurer-defendants will vigorously defend themselves. |
| First American Says It Will Crack Down on Its Independent Agents |
Hurt by razor-thin premium splits and large increases in agent-caused title claims, First American Corporation told security analysts on February 28 it intends to become stricter with its independent agents. It has cancelled one very large title agency, says COO Dennis Gilmore, and will review all its others with the expectation of canceling more. The Condell Private Letter will discuss this move, its broader implications, and how it could play into the hands of competitors CPL No 185 is due out March 25. |
| A Good Early Sign of a Coming Recovery Will Be Bargain-Hunting Investors |
Only when the media begin reporting savvy investors snapping up what they view as bargains will there be any sign this meltdown has hit bottom. The bargains could be in stocks, bonds, houses, vacant land, or almost anything else. Best of all as a recovery sign might be snap-ups in mortgage-backed securities -- the commodity whose value has most confounded the market during this difficult time. From the outset, a sense of uncertainty about their value -- and how to value them -- seemed to trouble the entire system. Experts say only when the downturn has hit bottom can any kind of recovery become possible. |
| Two of the Top Three Title Insurers Say 2007 Was a Net Loss Year |
| The fourth, First American hasn't yet announced its final 2007 financial results. Reduced revenues, dragged out closings, increases in claims reserves, and office closing expenses carry LandAmerica and Stewart Information into the losing column for the year. Fidelity National netted $130 million on revenues of $5.5 billion. |
In Another Blow to the Industry a New York Anti-Trust Class Action Against Four Top Underwriters Claims Rate-Making in the State Is Dysfunctional, Cheats Consumers |
A New York law firm has filed suit in federal court in New York, which claims the top four title insurers (First American, Fidelity National, LandAmerica, and Stewart Title) collude in setting rates in that state. Furthermore, the suit alleges, the state admits not being able to understand how agent commissions are computed, making rate making of title insurance there and in other states nothing more than a joke. Consumers are thereby cheated out of hundreds of millions, according to the plaintiffs. For a discussion of the possible long term and global consequences of this case, see the Condell Private Letter of March 1, 2008. View the complaint |
| The Industry's Painful Loss of Reputation and Credibility Has Been Mainly Caused by Problems of the Major Title Insurers |
Our very largest companies have lost no opportunity recently to do ill-conceived and improper things, hurting not only themselves but everyone else as well, large and small. Whenever it appears these things are behind them some new and more serious one emerges. At best they have been errors in business judgment. At worst they've been called everything from stupid to absurd, some even say brainless. Some have clearly been illegal. Every title insurance firm of every kind, including the smallest title agency in middle America, bears the consequences. See the Condell Private Letter, March 1, 2008. |
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