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Not All Title Companies Are Created Equal By Dan Polimino

By
Real Estate Agent with Keller Williams Realty DTC

I recently read an article in the newspaper, talking about the new forms that are arriving soon from the Consumer Financial Protection Bureau, advising both buyers and sellers in real estate of their right to shop for title insurance. The article talked about how important it was for Realtors and Lenders to notify consumers about their right to choose their Title Company, to shop for competitive rates, and to watch out for shady arrangements between the Title Companies and Realtors or Lenders. Past that, the article didn’t get much of anything else correct about the title business and failed to mention what consumers really should be paying attention to.

 

1)     Not all title companies are created equal. Get a bad title company and they can screw up a real estate transaction in a New York minute. I had a deal just like that because the sellers chose their own title company against our advice. That Title Company was the worst I had ever seen in all the years I had been in real estate. It would take too long to list all the problems and errors that they had made. Yes the deal got nasty with yelling, screaming, accusations, lawsuits threatened, and earnest monies put in jeopardy. I tell the story to my clients all the time because it’s important to pick the RIGHT Title Company. NOT THE CHEAPEST Title Company, but the BEST Title Company.

2)     The article talked about how title rates and closing fees varied wildly. That’s just a bunch of bunk. If you look at the top three most reputable title companies in Colorado, their title rates will all be within a few hundred dollars of each other. Do you really want to haggle over 200 or 300 dollars when it comes to closing the largest monetary transaction of your adult life? Yes, you can hire ACME title services to close your sale and issue your title policy because they were the cheapest in town, but don’t be surprised when something bad happens to the deal. You really do get what you pay for.

3)     Last time I checked, Service was a big deal with consumers such as closing a loan in another state, needing a notary to bring closing documents to your out-of-town hotel, and needing someone to prepare documents that are fairly work intensive or a complicated transaction. Let’s see if cheap ACME title services do all of that or better yet, do it as well as the big boys in the title insurance space.

4)     How about peace of mind? The article was warning consumers about Realtors or Lenders getting kickbacks from title companies. I have been in the business a long time and I can’t name a company, Realtor or Lender that was accused of doing that in Colorado. I am not saying it hasn’t happened, but I am sure it was few and far between. What consumers really need to worry about are title companies embezzling consumers’ money. If you subscribe to Google alerts, you can see that headline in your inbox about twice a month. Another reason not to pick the cheapest Title Company, but the best.

 

I could go on and on with more examples of how the article missed the boat, but I’ll finish with this. The last thing this country, the real estate industry, or the average consumer needs is more regulation or yet another disclosure. The pendulum has swung too far in the other direction. We don’t need more regulations for everyone to succeed; we need less. No reputable Realtors that I know of are trying to steer consumers to a particular title company to get rich. Realtors are recommending a particular title company because they know that Title Company is good, reputable, and will service their clients well. Consumers have always had the right to choose their own title company and will continue to do so in the future with or without yet another disclosure.

 

Dan Polimino is a Broker/Owner with the Colorado Dream House Team, Keller Williams Realty DTC. Contact Dan at 303-522-1161, dan@coloradodreamhouse.com, codreamhouse.com or coloradodreamhouse.com

 

 

Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     So true, Dan.   True about all Title Closers are not created equal... and true about the last thing we need is another Regulatory Agency or Required Government Form!

Sep 03, 2014 07:10 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

NEWS FLASH.

Title insurance rates are controlled by state insurance commissions. 

The fees that may differ include the fee to conduct the settlement and title company attorney's fees.  Most other fees are simply pass-through charges.

Quite often consumers are "steered" to specific title companies because of agents' familiarity with that company.  That's fine as long as there is no financial benefit to the agent.  RESPA guidelines should always be followed.

This is complicated.  Just another matter of which the consumer has no experience or knowledge and usually relies on the real estate agent(s) managing the transaction.

Sep 03, 2014 10:04 PM
Mike McCann Nebraska Land Broker
Mike McCann - Broker, Mach1 Realty Farm & Commercial Land Broker-Auctioneer Serving Nebraska - Kearney, NE
Farm & Commercial Property For Sale 308-627-3700

Yes...some Title Companies are better than others.  Just like all industries...the people working there make the company better, average, worse depending on their dedication to their job and to the task at hand.

My job of selling Nebraska farm land takes me to many different counties and towns and by default...different Title Companies. I will say that the vast majority of Title Companies I deal with are excellent companies to work with.

Sep 03, 2014 10:46 PM
David M. Dwares
Title Professionals Corp. - Fort Lauderdale, FL
Title guy with a broker license

Dan, thank you for making your #1 point about not just going with the cheapest title company.

At least twice a month I get a call from a buyer shopping around and telling me that some other title company will close their deal for $300.00 or $400.00 less than what I am quoting.  I always wish them good luck and caution them to be on the lookout for hidden fees (in this State, often in the simultaneous loan policy premium). They usually seemed shocked when I don't even attempt to negotiate.

Good real estate agents and good loan officers recommend title companies not for kickbacks but because they know the deal will get done properly for the benefit of the mutual client.

Sep 03, 2014 11:00 PM
Dwight Puntigan
DRP Realty, LLC - Saint Peters, MO
Dwight Puntigan

I like working with people.  Lenders, title companies, etc when we work as a team, better service is provided.  There have been times when I have told the client to be prepared.

Sep 03, 2014 11:26 PM
Randy Kirsch
Right Trac Financial Group, Inc., NMLS# 2709 - Manchester, CT
(NMLS# 1012303) Your Dedicated Mortgage Consultant

Lenn harley's comments are right on.  As far as I know, title insurance rates are controlled in every state.  The premium for the policy that is.  There are many other charges that a title company will tack on that are not regulated.  This is a very complex area as Lenn mentions and the public and most agents are totally or mostly in the dark about.  There are states where the closing attorney choses the title insurance company and the attorney gets a share of the premium, and that needs to be disclosed.  There are a number of ins and outs to the title insurance busines, which does not even begin to address the situation with abstract companies.  I agree that there needs to be more transparency regarding title insurance but not overwhelm the consumer with a lot of information that they will never understand.

Sep 04, 2014 12:23 AM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

In Oklahoma City as long as you have AA rated title insurance it is normally fine, but like every endeavor there is great service and poor service. The problem we have in Oklahoma is in the smaller rural areas where a title company company does not have to show that they are licensed and bonded. In our state everything is done in one place and we will be able to get the law changed to protect the whole state.

Sep 04, 2014 12:30 AM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

For me, it all boils down to service, with a professional office environment also being important. So what is service?  Having the HUD-1 completed and distributed to all parties at least 24 hours prior to closing, starting the closing on time, and little details like that. Some costs do vary, although the title insurance itself is regulated, but that's not the primary motivator for my recommendation of a title company. Thanks for your post and your list!

Sep 04, 2014 12:32 AM
Maria Morton
Platinum Realty - Kansas City, MO
Kansas City Real Estate 816-560-3758

You're right, Dan, all title companies are not the same. What I and my clients are most interested in is the title company's service. We want a title company that communicates well, does their work in a timely manner, and makes closing smooth for my clients. 

Sep 04, 2014 01:17 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

This is a good and relevant subject to discuss. Let me say when it comes time to make a claim, that is not the time to find out if you chose wisely. Research upfront to see how they handle customer service and controversy. Good post

Sep 04, 2014 01:33 AM
Francine Viola
Coldwell Banker Evergreen Olympic Realty, Olympia WA - Olympia, WA
REALTOR®, In Tune with your Real Estate Needs

So true.  I see this all the time with some title companies downgrading the title policy, not adhering to the contract, and waiting to see if a savvy agent can catch it. I have these discussions too many times, and consumers really need to work with the best, and usually their agent will know who the best title companies are.

Sep 04, 2014 07:35 AM
Dan Edwards 425-276-7008
Keller Williams Realty - Bellevue - Bellevue, WA

A great post . I love your take  on "NOT THE CHEAPEST Title Company, but the BEST Title Company".

Sep 04, 2014 10:23 AM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Massachusetts is not a title state - though this is applicable to attorneys, too.

Sep 04, 2014 03:07 PM
Brian Force
Dallas, TX
Work With the Best!

Excellent read! Could not be more true, saying that all title companies are the same is like saying that all agents and brokerages are the same!

Sep 04, 2014 04:50 PM
Richard Iarossi
Coldwell Banker Residential Brokerage - Crofton, MD
Crofton MD Real Estate, Annapolis MD Real Estate

I make Title Company recommendations for my clients based on their performance, not price. This isn't a commodity where the lowest price may be an important factor.

Sep 04, 2014 07:42 PM
Kevin Mackessy
Blue Olive Properties, LLC - Highlands Ranch, CO
Dedicated. Qualified. Local.

Peace of mind goes a long way with a trusted title company.  My title company I use never drops the ball on documents needed, and will go above and beyond after business hours in order to get something done.  

Sep 05, 2014 04:14 AM
Adam Holmwood
Crown Title - Columbia, MD
Serving the real estate community

Dan, thanks for helping to educate this forum on the importance of selecting the right title company.  There are a lot of options out there for consumers -- with choosing a realtor, lender, and title company -- and many of them simply don't realize how critical it is to work with the right people.   

Oct 01, 2015 02:48 AM