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February, 2010

   
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The Scene

LENDERS AND CLOSING AGENTS STRUGGLE TO KEEP DEALS MOVING AS RESPA RULE KICKS IN
Mortgage brokers can't seem to get GFE right, reports say, slowing the pipeline and pushing closings and revenues ahead. Mortgage traffic stalls as closing cost estimates baffle originators. The quick solution is becoming clear, observers say. Just pick a high number for record fees and other charges. Being too high beats being too low. If it's wrong, who cares? And if no one complains, maybe the extra dollars will stick.

WILL MELTDOWN NO. 2 BE COMING SOON? ALL SIGNS NEGATIVE FOR COMMERCIAL REAL ESTATE
If commercial real estate deals have been making up any significant part of your revenue stream, get ready for another major hit.

Nothing is right. No new projects are being started. Hundreds of office buildings are starved for tenants. Strip malls by the dozens are totally empty. Even some major enclosed malls are losing tenants, even anchor tenants.

Apartment projects coming online have few tenants and few prospects for tenants.

Worst of all, perhaps, there hasn't been a single new securitization of commercial mortgages yet THIS YEAR. There are simply no funds available for commercial financing.

Ordinarily at at a time like this, title companies would be getting by doing commercial refinances -- it's good business when it's there. It's not there.

For more, see page one of the upcoming issue of the Condell Private Letter.

ONE THING HUD HAS MADE CLEAR: LENDERS MUST SUPPLY CLOSING AGENTS WITH HUD-1 PAGE 3 INFO HUD has released a new version of "Frequently Asked Questions", 45 more pages of instructions. They make clear lenders must provide closing agents with loan data necessary to fill in comparison table at the top of HUD-1 Page 3.

CONSUMER FINANCIAL PROTECTION AGENCY LEGISLATION COULD BE A NUCLEAR BOMB Says little about insurance and nothing about title insurance but it does move RESPA enforcement to a new agency.

 

 

 
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Headlines
What's happening

IG criticizes TARP actions thus far and warns the crisis is not over. View the Quarterly Report of the Special Inspector General of TARP, January, 2010

"More Frequently Asked Questions" re HUD's new RESPA rule, Oct 9, 2009

HUD releases "Frequently Asked Questions" re the new RESPA rule

HUD will go with Bush administration's new RESPA rule, effective year-end

Text of the new RESPA 'required use' rule

The Consumer Financial Protection Agency bill, a far-reaching piece of legislation with serious implications

Housing prices" within shouting distance of a bottom" says mortgage-backed security pioneer Lewis Rainieri.

IMF sees parallels to the Great Depression, warns of coming deflation

Home starts plunge again to a rate half what they've been -- half a million per year from a million

As of May 1, 2009 mortgage brokers had to stop talking to appraisers. Home Valuation Code of Conduct (HVCC) kicks in

Foreclosure sale snafus and short title searches frustrate bargain-hunting buyers, delay closings

Pulte and Centex to merge to become the nation's largest builder, Pulte name and Michigan HQ survive

New FTC chief out to clamp down on mortgage broker abuses.

Fidelity National reports $1.7 million 4Q loss and a $165.8 million loss for the full year 2008. The loss mainly a result of 3Q strengthening of claims reserves.

Fidelity National cuts 1,500 LandAmerica employees, closes 125 offices

Will the second half of the TARP cash find its way into mortgages or MBS, thus boosting the title business with additional orders? Probably not, Obama officials are looking at totally different objectives

Sale of Lawyers Title and Commonwealth Land Title by LandAmerica to Fidelity National Financial has closed

New HUD secretary is Shaun Donovan, New York City's head of Housing Preservation and Development.

More headlines

Title Insurance Losses zoomed from $600 million in 2002 to almost $1.2 billion in 2007. What were they be in 2008?
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Participation
Title People:
This Is Your Place

Wherever this economic crash takes us, we'll be here.

Never has modernization of the title industry been more necessary.

Yet the major title insurers continue to ignore the best opportunity for modernization in half a century.

It's called Fee Simple Hosting.

FeeSimpleHosting
To see how it will actually work in title company offices,
go to FeeSimpleHosting.com
Commentary and Opinion
Condell Private Letter

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