Feb. 23, 2003

INDUSTRY NEWS

TAXES, INSURANCE TAKE SHOTS AT AFFORDABILITY. RISING COSTS COULD CANCEL THE BENEFITS OF ULTRA-LOW INTEREST RATES IN TEXAS  Inman News Features reprinted from ALTA Web site
 

  BREAKING NEWS


PROPOSED REBATE RULE PUBLISHED
The Texas Department of Insurance published a proposed new procedural rule in the Texas Register on Friday, February 21, 2003 regarding payment and receiving/acceptance of rebates in the title insurance industry. To be considered, written comments on the proposal must be submitted no later than 5 p.m. on March 24, 2003 to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Dept. of Insurance, P. O. Box 149104 , Austin , Texas 78714-9104 . An additional copy of the comments must be submitted simultaneously to Robert R. Carter, Jr., Deputy Commissioner, Title Division, Mail Code 106-2T, Texas Dept. of Insurance. P. O. Box 149104 , Austin , Texas 78714-9104 . Request To review a copy of the proposed rule CLICK HERE.  

HOUSING SUBCOMMITTEE TO REVIEW REFORM OF THE HOME BUYING PROCESS (RESPA Reform Proposal)
The House Financial Services Housing Subcommittee, chaired by Rep. Bob Ney (OH), will hold a hearing to examine a Department of Housing and Urban Development RESPA reform proposal. The hearing is scheduled for 2 p.m. on February 25, 2003 in room 2128 of the Rayburn Building . For more information CLICK HERE




As home mortgage rates have hit historic rock-bottom levels, it seems reasonable to assume homes are more affordable now than in the past.

This is not the case though in many states and especially in Texas, where the skyrocketing cost of homeowners insurance coupled with increasing property taxes has largely offset any positive effects of low interest rates on housing affordability, according to Jack C. Harris, research economist with the Real Estate Center at Texas A&M University.

Harris has compiled the Texas housing affordability index for several years and recently revised the index to account for the state's unprecedented increases in insurance and taxes by using property tax rate averages and benchmark insurance rates for each Texas market rather than national data.

The third quarter index stands at 1.07, almost unchanged from the same quarter last year. Harris even points out that Texas homes now are less affordable than they were in 1999 when the index was 1.24.

The Real Estate Center at Texas A&M reported that insurance companies with the largest shares of the state’s market have either stopped or restricted writing new homeowners policies and raised rates for renewals.

In addition, Harris said that property tax assessors are raising valuations based on higher sales prices, so property taxes are taking a bigger bite of homeowners’ incomes.

Overall, Harris’ research indicates that Texas homes remain affordable, with an estimated 54 percent of households able to afford the median priced home last quarter. Affordability in today’s market largely matches that of the early 1990s.

The Real Estate Center at Texas A&M was created by the state legislature and is primarily funded by Texas real estate licensee fees.

MORTGAGE DEFAULTS RISING IN AREA  Foreclosures nearing 1992 levels in Travis, Williamson counties. Friday, February 21, 2003  By Shonda Novak and R. Michelle Breyer, AUSTIN AMERICAN-STATESMAN STAFF

Property foreclosures in Travis and Williamson counties are on track to hit their highest levels since 1992, as the aftershocks of the economic downturn continue.

In Williamson County, foreclosure postings are up 85 percent this year over the same period in 2002. Travis postings are up 54 percent.

Last year, 2,400 residential and commercial properties were posted for foreclosure in Travis County. Already, 855 have been posted through the next auction, set for March 4.

In Williamson County, 520 properties have been posted through the March auction, compared with 1,327 for all of 2002.

Economists consider foreclosures a lagging indicator, not an omen of a worsening economy. People might lose their job but manage for months before falling behind on their mortgage.

"It takes a while to get to the level where you can no longer make your house payment," said Jon Hockenyos, an Austin economist. "And the foreclosure process typically takes a number of months."

Williamson County is feeling the impact of the high-tech downturn more acutely because its economy is less diversified, Hockenyos said.

"That's a significant contributor, there's no doubt," Hockenyos said. And unlike Travis County, Williamson County lacks the relatively stable government and university job base to help buffer the effects of events like the Dell Computer Corp. layoffs, Hockenyos said.

Foreclosures are rising in other Texas cities and across the country as people run out of financial rope. Experts cite factors such as employees losing their jobs and consumers overextending themselves.

"I think that when times were good, a lot of folks stretched themselves to buy the nicest possible home," Hockenyos said. "Obviously when times turned tough, that home just may no longer be affordable for them."

Over the past two years, the number of high-end foreclosures has risen dramatically, said Gregg Stanley, president of Real Estate Foreclosures, a San Antonio company that conducts seminars on buying foreclosed property. Stanley said 80 houses worth $300,000 or more were posted for foreclosure in the first three months of 2003 in the area, up from 26 for the same period of 2002.

Sallie Boren, education coordinator for the nonprofit Consumer Credit Counseling Service of Austin, said more people are coming in for help in avoiding foreclosures from a wide range of occupations and income levels.

But she said many people wait until the last minute.

"A lot of times, people don't end up coming until they get notice that they're going to be foreclosed on in the next day or week," she said. "Generally, they're under a lot of stress anyway. They don't want to deal with it. They're in denial. We'd like to see them earlier."

In Central Texas, a new trend has emerged -- people losing their homes because they defaulted on home equity loans, which were not permitted in Texas until 1998.

While the number is small, it has been rising over the last six months, said Amalia Rodriguez-Mendoza, Travis County District Court clerk. She said there had been 90 such foreclosures filed from Aug. 1 through Jan. 30. Amounts owed on the estimated two dozen cases filed so far this year range from $40,000 to $218,000.

"When the economy is good, you don't see that type of activity," she said. "This is a very new type of case for us."

In Williamson County, 19 home equity foreclosures were filed in the past two months. Unlike standard foreclosures, home equity lenders must go to court to foreclose if the borrower has missed payments.

Ann Graham, general counsel of the Texas Credit Union League, a trade association, said there's no information to indicate that home equity foreclosures are out of proportion to first mortgage foreclosures, although no one tracks the numbers.

The lending industry is asking the Legislature to expand home equity financing by allowing home equity lines of credit, a process that would require approval by Texas voters as well. Lines of credit allow people to borrow only as much as they need, unlike home equity loans, which are like a second mortgage.

Graham said most borrowers use the loans responsibly for everything from financing their children's college educations to paying medical bills or other expenses.

"I think the people of Texas are responsible enough to manage their credit appropriately," Graham said.

Central Texas is nowhere near the crisis it experienced during the bust of the late 1980s, when foreclosures in Travis and Williamson counties topped 13,000. And while this year's numbers might equal or top 1992, the area's population has grown by more than 40 percent since then.

Foreclosures are rising in other counties. January postings for Dallas County were up 43 percent from a year ago. In Tarrant County, they were at their highest level since 1995.

Nationally, mortgage foreclosures set a record in the third quarter, according to a recent survey by the Mortgage Bankers Association of America. Some experts think mortgage delinquencies and foreclosures are at or nearing peaks, but others predict the trend will continue if unemployment continues to rise.

Tips on avoiding foreclosure

* Lenders would rather work with homeowners who are behind on their mortgage payments than take back the house.

* The first step in heading off foreclosure is to let your lender know quickly if you are at risk of missing a payment. Be prepared to provide details of your financial situation.

* Lenders may agree to renegotiate your payment plan or the loan itself. They may allow you to make up the missed payment over a few months.

* Consider refinancing your mortgage. With record low rates, you may reduce your payment enough to make it manageable. Or your lender may agree to modify the loan to reduce the payments. You'll still owe the full amount on the mortgage, but over a longer time or at a lower interest rate.

* If you really can't make the payments, see if the lender will allow you to sell the house yourself, although there will be a time limit. Some companies specialize in helping arrange such sales. Or you can turn over the deed to the lender. You lose the house but protect your credit rating.

* For more information and help, contact the Consumer Credit Counseling Service at 447-0711.

* The Real Estate Center at Texas A&M University also has a report, "A Homeowner's Rights Under Foreclosure," available on the Web site: http://recenter.tamu.edu 

CALENDAR OF EVENTS

MEETINGS AND SEMINARS
The TLTA Board of Directors will meet at 9 a.m.
on Wednesday, April 2, 2003, in the Capital Ballroom of the Inter-Continental Stephen F. Austin Hotel, 701 Congress Ave. in Austin.  The meeting is scheduled to end at 1 p.m.

Managing to Stay Ahead of the Curve - Management Essentials for Title Industry Professionals - A new seminar presented by the Texas Land Title Association will be held on Friday, April 11, 2003 at the Hilton Austin Airport , Austin Look for brochure and details in your e-mail box soon!

Land Title School of Texas, to be held March 3-7, 2003 at the Marriott Austin Airport South is sold out! The annual school sponsored by TLTA offers a comprehensive overview of the title insurance process.
 
Rediscover the Nature of Your Business -
Business meets pleasure at TLTA's Annual Conference at The Woodlands Resort and Conference Center. Put yourself in the re-charge zone and have a great time doing it! Block the dates – June 6-8, 2003 and watch your mail for program details and registration materials.  Click here for conference highlights. For information on sponsorship opportunities at the conference click here.

BYLAWS AMENDMENT

The Board of Directors will consider Bylaws amendments at their April 2 meeting at the
Inter-Continental Stephen F. Austin Hotel,
701 Congress Ave., in Austin. Notification was sent to all Board members on January 30 regarding the proposed amendments. Click here to review a redlined version of the proposed amendments. Please note: The amended date listed on the Bylaws notice you received in January was incorrect. The Bylaws will be amended in April 2003.

2003-2004 BOARD NOMINATIONS

Nominations for the 2003-2004 TLTA Board of Directors are currently being accepted. Active TLTA members are eligible to serve on the Board and all submissions will be considered by the Nominating Committee. The deadline for nominations is March 17, 2003 . If you would like to recommend an active TLTA member for consideration by the Nominating Committee, please send your recommendation via mail, e-mail or fax to:

TLTA Nominating Committee, Texas Land Title Association , 1717 W. 6th St., Suite 120 Austin , Texas 78703 e-mail: leslie@tlta.com   fax: 512.472.5931

title person OR WOMAN AND PEA AWARDS

Nominations for the 2002-2003 Professional Excellence Awards and title person or Woman of the Year are currently being accepted. The deadline for nominations is March 3, 2003. We encourage you to take this opportunity to nominate deserving title professionals for these special awards.

  TLTA DIRECTORY UPDATES

Please note the following updated information for the 2002-2003 Membership Directory:

NORTH AMERICAN TITLE COMPANY    TARRANT COUNTY     (p. 197)
2813 S. Hulen , Suite 100 , Fort Worth 76109
817/927-7300, Toll Free 888/821-3323, FAX 817/927-7164
Web Site: http://www.nat.com/fortworthdallas  

N. SCOTT MOIZE, President (smoize@nat.com )
STEPHEN A. TERRY, Senior Vice President, Counsel (sterry@nat.com )
E. BLAKE UTLEY, Chief Financial Officer (butley@nat.com)
SUSAN BOESCH, Senior Vice President, Commercial Division (sboesch@nat.com)

OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY  (p. 35)
Home Office 400 Second Avenue South Minneapolis , Minnesota    55401   
612.371.1111 Toll Free 800.328.4441
Capital & Surplus $92,575,000 (after provision for statutory premium reserves of $189,755,000)
Web Site:
http://www.oldrepublictitle.com

RANDE K. YEAGER, President/Chief Executive Officer
CHARLES G. GREGORY, Executive Vice President, Finance
DAN M. HASSEN, Senior Vice President/Chief Operating Officer, Old Republic Central Title, Inc.

TITLE INSURANCE COMPANY OF AMERICA     (p. 40)
Home Office
9433 Bee Caves Road
, Building 2,
Suite 102    Austin , TX    78733   
512.263.0603, Toll Free 888.842.2545    
FAX: 512.263.0604, Toll Free 888.842.2563

  TLTA DIRECTORY CORRECTIONS


Please note the following CORRECTION for the TLTA Membership Directory:

TITLE DATA, INC. 
(p. 250)
Don Nalick –  E-mail address should be dnalick@titledatainc.com   

Ranger Title Co. in Kaufman County was inadvertently left out of the Directory. The
offices listed below should be inserted in your directory.


RANGER TITLE CO.
            KAUFMAN COUNTY     (p. 146)
ATI, CLT, FAM, FNTIC, LTR, ORT, TICA, TT, UGT
1204 E. Hwy. 175                                           

Crandall
, TX 75114
PHONE: 972.427.3903, FAX 972.427.3904

GAIL TILSON, Branch Manager 

RANGER TITLE CO.
ATI, CLT, FAM, FNTIC, LTR, ORT, TICA, TT, UGT
409 N. McGraw                                                           
Forney
, TX 75126
PHONE: 972.564.2274, FAX 972.564.2876
http://www.ranger-title.com   


CRAIG S. WOODRING, President   

FRED THEOBALD, Vice President/Title Operations
SHERRY WORTHAM, Branch Manager  and Executive Vice President/Escrow Operations   
J. HAROLD SEWELL, Chairman of the Board
JAMES F. BOWEN, Chairman Emeritus 

RANGER TITLE CO.                                                                    
ATI, CLT, FAM, FNTIC, LTR, ORT, TICA, TT, UGT            
303 N. Francis St
.                                                      
Terrell
, TX 75160
PHONE: 972.524.3771, FAX 972.524.3772
JULIE BARROW, Branch Manager 
 

GREENSHEET ADVERTISEMENTS

Looking for the best method to reach other title industry professionals? Whether you are looking for a job, selling your business, equipment or service, the GREENSHEET is your answer.  Click here to find the latest GREENSHEET, your link to title industry related employment and business opportunities in Texas .

PUBLICATIONS

Expand your professional library with these TLTA publications:

Texas Forms Manual, A Guide for Real Estate and Title Documentation is compiled, edited and maintained by fellow TLTA members. The 8˝ x 11, loose-leaf volume contains the documents most commonly used to handle a real estate transaction in Texas – all the way to the closing at the title company. Order yours today, and see why so many real estate and title professionals depend on this valuable resource. Click here http://www.tlta.com/products/formsmanual.pdf to download an order form.

“A Handbook for Texas Abstracters and Title Men  Written by the late Frank A. Stamper, one of the most distinguished members of the Texas title insurance industry, this textbook is a must for every title professional. Topics include The Evolution of Title Evidence and Assurance, The Texas Registration System Reading , Interpretation and Platting of Property Descriptions and The Abstract Plant. Click here http://www.tlta.com/products/stamper%20order%20form.pdf to download an order form.

Extra copies of
The 2002 Texas Land Title Institute Course Manual are available for purchase. Complete your reference library with this valuable reference tool! Comprehensive manuals from all previous Institutes (1991-2001) are also available. Click here http://www.tlta.com/products/Notebookorderform.pdf to download an order form.

NEW MEMBERS

Please welcome the following new TLTA members approved by the Board of Directors on January 9, 2003. 
 
Active Members
Lone Star Title, Inc.
, Southlake, Gary T. Yarbrough, CEO/President  
Metroplex Title, Inc.
, Hurst, Glen W. Cochran, Jr., President

Associate Members 
Flag Insurance Services
, Lawrence A. Galpern
Law Offices of Sharon R. Fancher
Loan Administration Network, Inc. (LANI)
, Karen Sundberg, Area Manager
Market Data USA
, Phillip Norman, President

M0VERS AND SHAKERS

San Jacinto Title Services has expanded operations from Nueces and San Patricio counties to include Aransas and Hidalgo counties. The company recently acquired Guaranty Title and Abstract of Aransas County and added a new office on Padre Island and one in McAllen .

SEND US YOUR FEEDBACK – AND YOUR IDEAS

We'd love to hear your comments about DOWNDATE. Please send your feedback or article for reprint to Kathy@tlta.com