June 28, 2005
 


HUD Secretary Announces RESPA Plans - TLTA Gets a Seat at the Table

Housing and Urban Development Secretary Alphonso Jackson announced HUD’s plan to revisit the RESPA Reform issue in a closed conference call held Monday, June 27. In an effort to obtain individual views about possible changes to RESPA regulations arising from HUD’s 2002 RESPA reform proposals, the department will be conducting a series of round table meetings with industry and consumer groups in Washington D. C. over the coming months.

TLTA has been named as one of the invited participants for the round table meeting scheduled on July 28th. We have worked very hard over the past 3 years to establish ourselves as a serious party to this issue, and we are pleased to have been included in the review process. HUD is also interested in eliciting information about changes in the home settlement process that have occurred since the department issued its proposed rule in 2002. These changes will need to be considered as HUD develops its new proposals for RESPA reform. For additional information, HUD has set up a page on their website dedicated to RESPA Reform. Go to www.hud.gov/respareform


Bill Relating to Rebates Signed by Governor Perry - Will Go Into Effect Sept. 1, 2005

The Governor signed HB 2565 relating to rebates on June 17, 2005. The Bill is not effective until September 1, 2005.  As we reported in the June 7 Breaking News, SECTION 8 of the Bill also affects the application of its provisions to title insurance and other insurance policies delivered, issued for delivery, or renewed after January 1, 2006 as follows:

  • "SECTION 8.  The changes in law made by this Act apply to conduct with respect to an insurance policy that is delivered, issued for delivery, or renewed on or after January 1, 2006.  Conduct with respect to a policy delivered, issued for delivery, or renewed before January 1, 2006 is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose."

We don't know at this time how TDI will view the effective date. We recommend that you consult with your counsel regarding the effect of the language in Section 8 with regard to your company’s practices.

Again, please be aware that House Bill 2565 is not yet in effect.  Additionally, Procedural Rule P- 53 remains in effect pending any further action by the Commissioner of Insurance to revise or amend the Rule. As soon as we know more about this legislation or any revisions to P-53, we will update you.