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Title Claims & Fish Tacos

By
Real Estate Broker/Owner with New Paradigm Partners LLC EB #1326335

The "What's My Line" contest was an interesting one. After over 20 years in the business, I had a pretty good idea what went on with most of the people we're involved with in our transactions. Business survival has required a pretty good undertanding of what goes on with lenders - we have to know where the joker is going to show up. We've been on plenty of inspections with our clients, although not recently, since our attorneys decided that being there entailed unacceptable liability. Mary does our staging, so that was familiar. And I've looked at hundreds of title commitments.

But maybe there was something about title insurance? Then it occurred to me that we had never been involved in an actual title claim. We've seen title objections over the years, with some resolved and some resulting in canceled contract. And we've worked through multitudes of problems together with our title company in their role as closing services coordinator. But never an actual claim, where there was an undiscovered title defect that created a post-closing problem.

Dan Medeiros Land Title Fort Collins COSo I asked Dan Medeiros, our stellar Title Representative for Land Title here in Fort Collins, with whom we have worked for over 10 years now, to have lunch and fill me in on what happens when there is a claim. I even offered to buy, and we headed to Island Grill for our traditional fish taco lunch.

Dan didn't think it was that unusual that we hadn't been involved in a claim. Land Title does very thorough research and our residential practice isn't a hot spot for problems. The biggest concentration of claims happens in property development, with assembly of multiple parcels of land, government approval processes, lots of actors and sometimes poorly documented agreements. The refinance market also generates a considerabe number of claims, many of which come from unclosed lines of credit which generate post-closing leins. And the third biggest probelm area tends to be undislosed leins, and those are usually mechanics (workmans) leins. Other areas include boundary disputes and encroachments.

For a claim to be valid, there have to be actual damages, and Dan pointed out that often title defects either don't result in those, or in some cases, involve the kind of damages that are hard to define - loss of peace of mind, psychological impact, etc.

Island Grill Fish TacosInterestingly, Dan doesn't get involved much in the claim aspect of his business. Once a claim is filed, all contact from the filing forward is with the underwriter's claim department. All we both know about that is if we ever have a claim, we'll call Dan and he'll help us file it. And from that point, Dan is prohibited from discussing the claim with his own clients, although he can still meet for fish tacos.

It was a good discussion and I'm looking forward to another 20 years without needing to know more.

Posted by
Mary & Dick

Mary & Dick Greenberg
New Paradigm Partners LLC
2601 S. Lemay Ave. #41
Fort Collins, CO 80525
970-689-4663
www.maryanddick.com

 

Data Source: IRES MLS

Comments(10)

Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Dick,

It is so nice to have reliable people in our  midst in business, and Dan is your man...We have several great people around us, and we treasure them...A

Jul 28, 2013 03:46 AM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living
Dick, the best claim is the one that doesn't need to be made. For all others, it's good to have good title insurance!
Jul 28, 2013 06:35 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

It's always good to chat with other professionals in our business, particularly in other aspects of our business, to get a grasp on what they do.

Jul 28, 2013 06:47 AM
Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

Dick, it looks like you have the right "go to" for information.  Nice post.

Jul 28, 2013 11:30 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Dick, The title business is a very important segment of our industry. I am a huge believer in it but never discourage anyone from getting the insurance. However in 34 years I have never had any claims either. That's a good thing.

Jul 28, 2013 11:54 PM
Debb Janes
Nature As Neighbors - Camas, WA
Put My Love of Nature At Work for You

Hi Dick, having a team of professionals that you can count on is so invaluable. It sounds as if Dan is someone who has earned that spot on your "go to" list. Plus, he likes fish tacos! I'm with you - another 20 years without needing to know more about title claims sounds good.

Jul 29, 2013 12:22 AM
Krystal Knott
Christie's International Real Estate - Summit Colorado - Breckenridge, CO
Breckenridge CO Real Estate & All Summit County CO

Dick, our local Land Title does a fabulous job as well!  We have only had one issue come up with land over in Park County, the client called to let us know the details but said the Title Insurance was taking care of everything.  Fish Tacos and a healthy discussion with a professional sounds like a wonderful working lunch!  --Krystal

Jul 29, 2013 04:23 AM
Belinda Spillman
Aspen Lane Real Estate Colorful Colorado - Aurora, CO
Colorado Living!

Sounds like an informative lunch but FISH tacos.  Ewwwww.  It is always good to pick someone's brain to learn new information

Jul 29, 2013 07:51 AM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Hi Dick, if title claims for normal residential transactions are so rare, and my experience is the same as yours, premiums should reflect the minimum risks.  Do they?  It's hard to understand how a title insurance premium cost the same amount for 30 years (like for a lender's policy) as it does for ~1 year, like during the refi boom when homeowners were re-financing every 9-12 months to lower their payment. 

Out here escrow and title is handled by the same company and any title question or issue is referred immediately to the title officer at headquarters. 

Certainly understanding how all the gears work together and what they do is important for avoiding and solving problems.

Jul 29, 2013 01:24 PM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I always knew teh need for title insurance but when teh day came I NEEDED IT. I can first hand say it is well worth the investment when buying a home to protect yourself. 

Jul 29, 2013 11:24 PM