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Food for Thought on a Sunday Afternoon

By
Real Estate Agent with Integrity Real Estate

I've written a couple of posts recently about the nasty business of "offshoring" skilled domestic jobs to points around the globe.  The comment threads on each clearly portrayed a sense of interest and concern.  One reader surmised, at first, that I might be a "liberal nut job."  He changed his mind, but I have to add that I've never been called liberal before. What do you think? 

Another reader asked "should patriotism be the only reason to hire local labor?"  Face it, each person's perspective is unique and based on experiences.  We're entitled to our own opinions.  From an economic perspective, it seems reasonable to promote, and preserve, employment opportunities on U.S. soil.  Doesn't it?

Prior Posts:

In advance: I apologize for the length of this post.  I want to know your thoughts on the business model discussed.  Am I being ridiculous, a "liberal nut job?"  Or does this post raise concerns that are a little closer to home, and office, than you would like?

It was a question raised by my friend from Grand Rapids, Lola Audu, that's the topic of this post.  Lola asked: Title searches done from India...are purchase agreements next?   Are they?

My fixation with the social implications of "offshoring" was initiated by an article, published in an Indian publication, titled "Winning the title bout in style."  A long story short, American title insurers are "outsourcing" title searches to India and it bothers me.  There's more.  The first paragraph of the article strangely, and awkwardly, includes the phrase "including legal work."   I've wondered at great length about the use of that particular phrase because it's clearly out of context considering the rest of the article.  It has to refer to something conceptually different than title work that the reporter intended to discuss, but didn't.  We no longer rely on legal minds to prepare closing documents, they're standardized to the point of being moronic.  Title attorneys work primarily in claims settlement and occasionally go to court to cure title defects.  Both capacities require a local presence. 

My primary question:

  • Why would title insurers "offshore" legal work to India?

A nagging question that won't leave my mind:

  • Are Indians with legal training being positioned to inexpensively draft contracts for the buyers and sellers, of domestic homes, who have reached a verbal agreement on their own, or with limited assistance locally?


 On Title-opoly, I sometimes explore different business models that might emerge in the near future.  On January 24, of this year, I published a post titled "Whispers" that sparked a great deal of controversy and debate within the title industry.  People still approach me to debate (argue) the topics discussed.  I hope that you read the post and pay close attention to Pat Kitano's insightful comment.

In "Whispers", I suggest an untimely demise of the traditional team comprised of real estate agent, loan officer, and title agent.
  After a period of transitioning, the old team would be replaced by the new trinity of superior technology, title insurer, and national lender.

From "Whispers":

The (5) major title underwriters have quietly amassed a startling degree of financial and political influence, not to mention managerial talent. I suggest that TitleSmart is an insertion point for First American into retail markets that will expand in time to include the business of selling homes. In the past, we’ve seen real estate brokerages integrate vertically to capture the profits of settlement and title operations. What would keep a powerhouse like First American from opening direct real estate sales offices nationwide? Nothing! The market is lucrative enough to justify the effort and expense! When this occurs, First American will joint venture with large lenders to champion “consumer-centric” products and business models unlike any conceived before. Think about it, a company with the resources of First American could immediately re-invent multiple list systems and the primitive practices that have hampered the overall industry for generations. Change is happening quickly and the rate of change will only accelerate.



 Title insurers, through their actions, have demonstrated an intent to dominate real estate markets.  Title abstracting has been unnecessarily extinguished as a domestic profession by ruthless title insurers.  I believe that small to mid-sized title companies will be the next group to quietly disappear.  Title insurers have every reason to target the lucrative commissions currently controlled by real estate brokerages.  It's the next logical stop in their historical progression.

Title insurers, only fifteen years ago, derived profits through the sale of title insurance by their contract agents, local title companies.
  The average commission split, then and now, being 80/20.  Local title companies keep 80 percent of the title insurance premium collected while remitting 20 percent to the insurer.  Title premiums dwindled as lenders lost confidence in the product and looked for alternatives or chose to self-insure when allowed by federal, or state, guidelines.  Title insurers began competing directly with their agents for business.  Regulators have recognized that title insurance is grotesquely overpriced and are actively seeking legislation to reduce it's costs to consumers.  In the foreseeable future, buyer's will pay a small fraction of what they pay today for an owner's policy.  That's a fact.  As revenues start to decrease, I predict that title insurers will look to the commissions derived from real estate sales.  Why wouldn't they?

Title insurers have secretly become the most powerful entities in the real estate industry.  They, meaning the top five insurers, as a group or individually, have the financial resources, political influence, and business acumen to aggressively pursue any path of their choosing.  You probably don't want to know how much money First American and Fidelity Title, the two largest players in the industry, made last year.  Theres nothing to compare, it's in the tens of billions of dollars cumulatively.   They, along with Stewart Title, are sleeping giants.  Don't try to tell me that real estate markets are local, they might appear to be, but they're not.    Stewart Title is relatively small in overall size compared to the others.  I include Stewart because it has a distinct technological advantage and is an exceptionally well managed company and consumer directed.  These oligopolistic monsters won't be happy making a couple of hundred dollars per transaction with residential sales commissions remaining as high as they are.  Theoretically, oligopolies won't leave money sitting on a table if they have the ability to capture it.  What's all this mean?

Title insurers, by nature, are secretive and cunning.
  They seek total domination, but don't want to attract the attention of regulators and consumer advocates by appearing monopolistic.  I predict that one, or more, underwriter(s) will launch a national chain of discount real estate brokerages.  The "brick and mortar" will softly appear in secondary residential markets, metropolitan suburbs, before being boldly integrated into the mainstream.    Virtual technology, advanced far beyond anything we've seen employed in this industry to date, or even imagined, will be employed from day one.   Public claims of savings for consumers will be made to appease the collective conscience, while title underwriters are enriched all the while.   Underwriters are planning to prepare residential sales agreements in Bangalore, India as Lola suggested.  Why else would they assume the expense of establishing legal processing capabilities there?  If you perceive the situation differently after reading this post, please let me know.

I'm not suggesting that underwriters will be successful with their new business model. 
I'm saying that they're blinded enough by greed to try anything for profits ,and influence, thoughtlessly destroying the current industry model during their selfish pursuits.

The National Association of Realtors will have no political, or legal, leverage to lobby against the competitive onslaught by underwriters as it did with federally chartered banks.  Brokerages have a long tradition of sharing in the profits of title operations by joint venturing with title companies.  How can the NAR cry "foul play" when title insurers turn the table and grab for lucrative sales commissions?

For an incredibly informative blog focused on oligopolistic behavior and markets see Oligopoly Watch.  I recommend the site very highly.

Comments (48)

Mark Pilatowski
myClosingSPACE - Manhattan, NY

"Title insurers now control the flow of all real estate related information in this country.  Information, not money, is the key to domination in this digital age."

 

---This is a very salient point Ed. All one has to do is look at Google to realize the truth in that statement. I remember when Google first started to take off. They had no ads and it appeared they had no real source of revenue. What they did have was a better way to gather information and deliver it to users. They were able to leverage that information and create revenue in a big way. With the major title insurers controlling so much information their is a huge potential that they can control every aspect of real estate just like Google seems to control every aspect of the WWW.

Aug 07, 2007 01:56 AM
Fran Gaspari
Patriot Land Transfer, Inc. - Limerick, PA
"The Title Man" - Title Insurance - PA & NJ
Mark, Google peaches. What's it feel like and smell like? Unless you can involve some other senses in some decisions, they are best left to personal experience. You can't obtain gas online, yet. And you can't get reliable enough info online, yet, to provide a consumer with good title insurance. Google is great, but its not GOD. Thanks,   Fran
Aug 07, 2007 02:31 AM
Mark Pilatowski
myClosingSPACE - Manhattan, NY
Fran, I agree. The point I was trying to make was in agreement with Ed's point that control of information is the key to domination in the digital age. The fact that the title insurers are gathering and controlling so much information means that their is a potential for them to dominate the market. It is up to title agents to make sure this does not happen by using the information that they own to show consumers why automated and offshore title work is not good for them. My point about Google was simply to show how a company that originally held a lot of information but no revenue was able to leverage the vast amount of information they had and dominate the online world. Information is power and it is important that it is not consolidated into a few large entities and used to control the entire market.
Aug 07, 2007 03:01 AM
Fran Gaspari
Patriot Land Transfer, Inc. - Limerick, PA
"The Title Man" - Title Insurance - PA & NJ
Mark, Your point is well taken. We all agree that "information is power". But remember the words of Lord Acton in a letter he wrote to Bishop Mandell Creighton in 1887, 'Power tends to corrupt, and absolute power tends to corrupt absolutely. Great men are almost always bad men'. Where have all the Good men gone? Thanks,   Fran
Aug 07, 2007 05:21 AM
Mark Pilatowski
myClosingSPACE - Manhattan, NY
Well said Fran, that's why it is important for everyone to make sure that no one entity is able to control all of the information. By allowing the big title insurance underwriters to consolidate all of that important information they will be able to gain absolute power. This would create huge problems and plenty of corruption.
Aug 07, 2007 06:31 AM
Beth Butler
Beth Butler - Big Mouth Consulting - Miami, FL
Ed - so glad they fewtured this post - somehow I missed it.  This entire concept frightens me and I really can't say why exactly.  On a personal level I have gotten so frustrated just trying to deal with outsourced customer service that I totally question competence... but that isn't what nags me.  My boss says someday we will all work for the government or the "company" and when I read your post I think the "company" is certainly running the title business.  Now - will they get into our commissions pocket?  Well that battle is nothing new and as the profits in a real estate transaction collapse - it will be the last one standing.  Will it be banks?  Title companies?  Real Estate companies?- there is a battle of the giants looming out there, but one thing for certain the "Company" will win.
Aug 07, 2007 06:59 AM
Fran Gaspari
Patriot Land Transfer, Inc. - Limerick, PA
"The Title Man" - Title Insurance - PA & NJ
Beth, If they have been threatening Realtors with anti- trust actions for years, how much ammunition does the Fed need before they take action? As 'strategic affiliations', 'controlled business arrangements', or what ever other fancy term you wish to apply become the norm, LOOK OUT! Thanks,   Fran
Aug 07, 2007 07:08 AM
Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes
We have to begin to bring back more of our jobs and more of our resources.
Aug 07, 2007 08:28 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Mark

Great to have your input.   I hope that all is well for you. 

Aug 07, 2007 09:04 AM
Virginia Halter
RE/MAX Signature Properties - Harrisburg, NC
ABR, CDPE, CRS, GREEN, SFR, SRES

I am in NC and do not work with title companies in any way (we use licensed real estate attorneys) so I, too, had no idea that title companies wielded so much power.  This has been enlightening indeed.

And, yes, our jobs belong here.  Not just from a patriotic standpoint but our country promotes an expensive way of life.  We need to keep jobs here for everyone who can and who wants to work to have that opportunity.  We don't need to ship jobs because the empire is too expensive to run in house.  I am hugely liberal BUT I also support accountability and responsibility.  I guess that makes me a traitor but I am a responsible one!!

Aug 07, 2007 09:07 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Beth

I too was pleasantly impressed when a highly opinionated post such as this was featured.  It speaks to the courage and conviction of the person who made the decision.  I'm seriously concerned that "bigness" has already started to infringe upon our professions.  Could it be that the "company" (as your boss would say) started positioning itself while were all distracted with relatively trivial matters like SEO, Redfin, Zillow, etc.  I've been speaking to a lot of people over the past several days and I don't like a thing that I hear.  I really don't have a good feeling about the future of the small to mid-sized title agent.

Aug 07, 2007 09:13 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Fran

I alway appreciate and agree with your comments.  It's great having you here. 

Aug 07, 2007 09:23 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Virginia

It's true that the State of New York has always had it's own approach to title insurance.  The underwriters are still issuing policies, and collecting premiums, behind the scene even though they show no public face.  I would love to know the premium dollar amount collected each year for commercial transactions in New York city.  I'm sure the number isn't published, but I'll bet it's staggering.

You're not a traitor at all.  We need to consider the public policy implications of shipping employment "overseas." I don't care what employment rates look like at this time.  More often then ever before, I hear of jobs being created without the benefit of retirement plans and medical coverage.  These jobs have little to offer our economy in the long run.  Thanks for commenting. 

Aug 07, 2007 09:33 AM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Bob and Carolin

I agree with you whole heartedly.  We need to consider the long term consequences of our immediate actions.  Thanks for stopping by.

Aug 07, 2007 09:36 AM
Beth Butler
Beth Butler - Big Mouth Consulting - Miami, FL
Ed - I think the same thing.  5 more lenders went under today - so I am seeing the mortgage industry going the same way - how will this all shake out?  Will real estate companies follow suit?  My mind is overloaded with the ramifications of all of this.  Maybe there is something to be said for crawling under that rock.
Aug 07, 2007 12:20 PM
Ed Rybczynski
Integrity Real Estate - Havre de Grace, MD
Your Source for Local Real Estate

Beth

I'm not very happy tonight.  The elimination of the domestic title profession points to the quick disintermediation of title agents.   Without title agents, I'll be selling ties at the Brooks Brother outlet or something equally fulfilling.  

Why won't members of the title industry take a stand and fight?   All is not lost at this early date.  I'm sure of it.  Your industry and mine must become proactive NOW to procure a future with real opportunities.

I think that you and I perceive matters in the same light. 

Aug 07, 2007 12:34 PM
Beth Butler
Beth Butler - Big Mouth Consulting - Miami, FL
Ed - we are on the same page.  Please continue to post as to what can be done - or Ill be next door at the Gap ;)
Aug 07, 2007 01:25 PM
Frank Laisch
Orlando, FL
"The Insurance Guy"

Ed, Excellent Comments on whats happening in the Title industry! Florida, California, and Texas are the leaders in the Title. and other states are always looking at them  in comparison.

I would worry about working at Brooks Brothers or the Gap, they will aways need Title Agents! :)

Aug 12, 2007 06:24 AM
Brad Snyder
Sierra Vista Realty - Sierra Vista, AZ
Thanks for the great information. What a great post. I read your post after reading about it in the ActiveRain "the week in review". Great job and congrats on the feature in the week in review.

Brad

Aug 13, 2007 01:59 AM
Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

Ed, I hope you don't abandon this post (it's been a week) like you are wont to do.

Why should we "fear" First American any more than Cendant?

Just like Indians in India can't deliver gasoline at the corner gas station, they can't show houses either.

I think what we are really facing is the reduction in price for "selling" a house based on a better model for delivering marketing and transaction services. Why should we be immune to the effects of the Internet. Prices will come down. Not because of India but because of the world wide web.

Bill Roberts

Aug 16, 2007 06:08 AM