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October 25, 2005
As
President of TLTA, I attended the ALTA Convention two weeks ago in
New York City. It was a thrill to be in NYC, as always, and special
for me because it was my first time back in the city since 9-11.
Leslie Midgley, our Executive Vice President of TLTA, also attended
on behalf of TLTA. Probably the most important event for us was the
special meeting held for all state association leaders and staff.
While I knew some of the leaders from surrounding states, it was
very nice to meet others from all over the US and share experiences
and concerns. While the differences in laws and the way the title
business is done in other states is often dramatically different
than how we function here in Texas, the current challenges expressed
were often very similar.
Nearly everyone is dealing with “privacy” legislation in their
states and trying to keep access to the public real estate records
open and available to the industry. Loan fraud is a common problem
everywhere and some states are putting onerous requirements on the
settlement services provider to police transactions for fraud.
Frustrations and problems with lender requirements and closing
instructions were discussed. The captive reinsurance investigations,
originated in Colorado and California and now in at least 17 other
states continue to draw negative press about our industry. And
finally, the continued proliferation of affiliated business
agreements (AfBA) and their impact and integration into the industry
was mentioned frequently.
Of
course there was a lot of talk during the whole convention about
RESPA reform, with most experts believing that HUD will proceed with
a reform proposal that will focus on revision of the Good Faith
Estimate (GFE) used to disclose costs to a borrower at the beginning
of the loan process. Those experts also felt that HUD had certainly
heard the almost universal consensus against mortgage packaging and
mandated fixed-cost settlement services packaging. If this turns
out to be true, it is really great news especially for small
businesses in Texas.
Two
keynote speakers were outstanding. Terry McAuliffe, former Chairman
of the Democratic National Committee, gave a robust and critical
analysis of the functions of our two party system of
government. While he truly is the most brashly political person I
have ever met, his insight as to the current strengths and
weaknesses of both parties and their leadership was detailed and
fascinating. His ego almost overwhelmed the room but was tempered by
his frequent humor which brought the needed perspective to his
talk.
We
also had the great fortune to hear former NYC Republican mayor, Rudy
Guiliani speak about his common sense approach to leadership and his
life dealing with 9-11 and prostate cancer. He is a dynamic and
mesmerizing speaker and truly held the audience at rapt attention.
One of his points of leadership was to “courageously accept
change.” While all his ideas on leadership were important, I felt
the one on courage was particularly relevant to the future of our
industry.
Like
TLTA, ALTA is an important organization that promotes and protects
our industry. In the past, because Texas operates with its unique
insuring forms and regulatory structure, ALTA has not paid as much
attention to Texas as it should. I think that is changing. I think
more and more states and ALTA are looking at Texas and experiencing
a new found respect for our regulatory structure, all inclusive
premium, and general business environment. This is very positive
change. We are fortunate to have Jack Rattikin, III from Fort Worth
as a member of the ALTA Board of Governors carrying the Texas
message to the national level. But I think more Texans need to be
visible and vocal in ALTA. I encourage anyone who wants to be more
involved in the dynamics of the industry from a national perspective
to join ALTA, not in lieu of TLTA which remains your primary
provider of services to the industry in Texas, but in addition to
TLTA.
Two side notes:
I went to Ground Zero. My wife, Anna, who visits NYC fairly often,
never had and really did not want to, but I felt compelled. It was
a journey I needed to take. Seven weeks before the attack, Anna and
I took our children to see the twin Trade Towers. Though now gone,
the vision remains. Ground Zero is just a big hole in the ground,
but the feelings and emotions of heroism mixed with overwhelming
loss permeate the area. All buildings surrounding the area have been
restored to pristine condition, except one which is slated for
demolition because it remains structurally unsound, having been hit
by the second tower collapse. Historic St. George’s Church on the
east side of the site has become a shrine to the rescuers and
volunteers that took care of the survivors in the weeks immediately
following the tragedy. It is impossible to walk through the
still-functioning church with all the pictures and exhibits
illustrating humanity’s capacity for caring, kindness and compassion
without shedding tears.
While we were
in NYC there was a significant, high level terrorist alert targeting
the subways. It was issued early one morning but by mid afternoon,
city officials were urging New Yorkers and tourists to resume riding
the subways and to not let fear rule the day. I am proud to announce
that Leslie and her husband, Mike as an intentional act against
terrorism and a unique show of patriotism, twice rode the subways
that afternoon including one line that went through Penn Station
that had been the site of one of the threats. I applaud Leslie and
Mike for their courage and willingness to take a stand.
Sincerely,

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