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Published byPeter McDaniel Modified over 9 years ago
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Joseph L. Petrelli, ACAS, MAAA, FCA President, Demotech, Inc.
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Source: Performance of Title Insurance Companies
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In Consideration of the Provisions and Stipulations herein, the Property and Casualty Insurance Company, for the term of this date at 12:01 a.m. to one year later at 12:01 a.m. at the location of the property involved, does insure…
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Subject to the exclusions from coverage, the exceptions from coverage contained in Schedule B and the conditions and stipulations, the Title insurance company, insurer, as of the Date of Policy shown in Schedule A, against loss or damage…
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While Title insurance coverage looks backward from a certain date, P&C insurance coverage looks forward, utilizing a finite future period, to evaluate liability. The timeframe of coverage and cost containment activities are a fundamental difference between Title and P&C coverages. This distinction for Title underwriters has not been properly reflected in financial reporting requirements.
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Order Entry ◦ Verify property address ◦ Verify owner(s) ◦ Legal Description Run the Chain ◦ Run names and nicknames ◦ Determining encumbrances or possible encumbrances ◦ Back ground – determining and indication of legal incompetence – conservator, bankruptcy, etc. ◦ Impairments in chain of Title ◦ Determine adverse claims ◦ Interest which affects tenancy ◦ Property tax
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Examination ◦ Legal Description ◦ Conveyances ◦ Execution ◦ Notarization ◦ Evidence of fraud, forgery, competence, etc.
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Matters Affecting ◦ Covenants and restrictions ◦ Easements ◦ Rights of first refusal ◦ Judgment of lien ◦ Market requirement to cure ◦ Indemnities ◦ Review prior transaction ◦ Application of statute of limitations
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Matters Affecting (cont.) ◦ Update for last minute items ◦ Fallout ◦ Review tax certificate ◦ Reconcile difference with tax discrepancies ◦ Check for outstanding tax sales ◦ Review survey for adverse matters ◦ Verify legal access ◦ Mineral reservations ◦ Geographic posting
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Processing ◦ Review commitment for requirements ◦ Verify tax certificate matches legal description ◦ Order demands for all requirements (payoffs, H.O.A., etc.) ◦ Call county to check tax payment status and if any prior/special taxes ◦ Verify water/sewer/storm drainage information ◦ Prepare P.O.A. if needed confirm acceptance with lender
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File Work Up ◦ Verify sellers names on contract match vesting ◦ In a refinance, verify borrowers names match vesting ◦ Ensure all Title requirements are addressed on the settlement statement ◦ Comply with terms of real estate contract ◦ Comply with requirements in lender’s closing instructions ◦ Verify borrowers names on loan document match contract
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Closing ◦ Ensure all documents are executed properly ◦ Correctly notarize all appropriate documents ◦ Comply with lender’s funding requirements ◦ Ensure no disbursements are made without all funds being received Post-closing ◦ Disburse all funds per HUD-1 ◦ Return lender’s package ◦ Record documents in correct order
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An expense directly allocated to a particular claim. Addressing specific defects and matters in Schedule B?
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Consisted of 83 policies from Colorado, issued between October 30, 2001 and March 5, 2009 with a majority of the policies from 2008 and 2009.
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There were 4,233 possible incidents in the sample of 83 policies.
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A sample of 83 policies revealed 888 items that needed to be addressed, about 11 per policy.
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TOTAL AGENCY CHARGES LOSS MITIGATION CHARGES TOTAL COST$ 168,144.04$ 94, 357.74 AVERAGE COST PER HUD-1$ 2,025.83$ 1,136.84 DISCOVERED INCIDENT$ 189.35$ 106.26 PER POSSIBLE INCIDENT$ 39.72$ 22.29
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