12 posts categorized "Advocacy"


Tell the Senate We Need Their Help

With the CFPB's TRID rules set to go into effect Oct. 3, we need your help to encourage Congress to pass bipartisan legislation that mandates the bureau observe a hold-harmless period for enforcement of the new TILA-RESPA Disclosure (TRID) rule until January 1, 2016.

Click here to take action today and ask your senators to cosponsor S. 1711 today. 

On Aug. 29, the House Financial Services Committee voted 45-13 to advance H.R. 3192. The bill, sponsored by Reps. French Hill (R-Ark.) and Brad Sherman (D-Calif.), would provide a temporary legal safe harbor  for lenders and title professionals who make a good-faith effort to comply with the TRID through February 1, 2016.

H.R. 3192 moves to the full House of Representatives where ALTA and its coalition partners are pushing for it to be voted on under suspension of the rules (a mechanism for non controversial bills) in early Sept. This will require getting more co-sponsors on the bill especially from the Democratic side.  


Title Action Network on the Front Line Advocating for the Industry’s Future

The real estate and mortgage finance industries continue to be under intense scrutiny. From the Consumer Financial Protection Bureau (CFPB) to state regulators, business practices are being examined. This is why active participation is needed in the Title Action Network (TAN), the title industry’s grassroots organization. Launched in 2012, TAN promotes the value of the land title industry at the state and federal level. Over the past two years, TAN members have sent more than 4,400 communications to 380 policymakers in response to the network’s calls to action. Members have weighed in on the CFPB, RESPA/TILA reform, mortgage interest deduction, GSE reform, flood insurance and many other topics.

On the national front, TAN members have been crucial in building support for a bill that would create an advisory board for small businesses at the CFPB. Because of alerts sent by TAN members to their representatives, this important bill now has 37 co-sponsors in the House of Representatives.

TAN members have been just as active and successful at the state level as well. State victories are just as important. In my home state of Minnesota, our governor had proposed a budget that would have created an additional sales tax on real estate services. This would have included closing services and other professional services provided by the land title industry, as well as brokers’ commissions and appraisal services. In conjunction with the Minnesota Land Title Association, TAN members convinced the governor to drop his pursuit of taxes on most additional services, including real estate service taxes.

Earlier this year, our colleagues in Michigan partnered with the state land title association to drum up support for legislation to address recording issues. Most recently, members in New York worked with the New York State Land Title Association to convince legislators to pass an agent licensing bill. Meanwhile, members in Colorado used TAN to encourage regulators to hit the pause button on amending industry regulations.

As you can see, TAN is an essential piece in ALTA’s advocacy efforts to connect title professionals with members of Congress. The ability to systematize and fuse participation on federal and state issues makes TAN an effective tool for everyone involved. Through August, TAN had more than 8,000 members. We are pushing to eclipse 10,000 by the 2014 Annual Convention.

Now more than ever, it is critical to showcase a cohesive and energized voice when advocating for the value of the land title industry. Joining TAN is simple. Please go to www.titleactionnetwork.com to enroll. Membership is free. The more people involved, the stronger our voice. What’s holding you back? Get involved today!



In Case You Missed It: ALTA's President Testifies Before Congress

On May 21, ALTA President Rob Chapman testified at the hearing titled “Legislative Proposals to Improve Transparency and Accountability at the Consumer Financial Protection Bureau (CFPB).” The hearing was held before the House Financial Services subcommittee on Financial Institutions and Consumer Credit.

The hearing focused on legislative ideas to improve how the CFPB regulates providers of financial services. One such proposal is H.R. 4383, which would create a small business advisory board at the CFPB. ALTA members asked members of Congress to co-sponsor the bill during the Federal Conference & Lobby Day earlier this month.

“When the Bureau operates in a transparent, open, and iterative manner, the results are generally positive,” Rob told the subcommittee. “However, when the Bureau makes unilateral decisions, rolls out initiatives, rules or processes in a more closed deliberation, the results are far more likely to be problematic.”

In addition, you can read his spoken testimony or check out the longer written testimony.

Rob represented the industry well, walking the committee through our interactions with the Bureau and how more transparent processes led to better outcomes for both our industry and consumers. Specifically, Rob focused on the uncertainty caused by the April 2012 service provider bulletin saying that the lack of outreach left many companies “shooting in the dark as they attempt to invest in systems and processes to protect consumers.” He continued: “Many of our members see different requirements, vetting procedures and are concerned that they will no longer be allowed to compete for business when a mortgage is financed by certain lenders.”

In contrast, “had the Bureau consulted with mortgage originators and the real estate settlement industry, we would all have a better understanding of what is expected from the person conducting the settlement of real estate transactions, and the response to the CFPB bulletin would be less disruptive, more consistent and efficient,” Rob told the committee.

The hearing also allowed us to encourage Congress to pass H.R. 4383, bipartisan legislation sponsored by Rep. Robert Pittenger (R-NC) and Rep. Denny Heck (D-WA) that would create a small business advisory panel at the CFPB. When asked by Rep. Pittenger if ALTA had a good relationship with the CFPB, Chapman said yes, but that it could be “better with the creation of a small business panel.” During one part of the hearing, Rep. Carolyn Maloney (D-NY) showed her support for the bill saying “everyone should have an advisory committee.”

Rob also encouraged the subcommittee to authorize the CFPB to issue advisory opinions. “The Bureau takes its enforcement role seriously and should take its ability to promote good practices just as seriously,” he said. “An advisory opinion provides certainty to those of us who comply with federal consumer financial law in real-life situations. Consumers will see better outcomes if the Bureau spends more time advising people in the industry how to best follow the law.” Finally, Rob suggested that the CFPB encourage public feedback on policy statements, bulletins and other guidance documents. He said public comments ensure documents are useful and understandable to industry and provide a safety valve to reduce unintended consequences.

Please join me in congratulating Rob on a job well done by tweeting to @titlerob. If you have any questions please contact please contact ALTA’s vice president of government and regulatory affairs, Justin Ailes, at justin@alta.org or 202-261-2937.


A Great Story About Title Insurance in Honor of Presidents' Day

I hope everyone had a great Presidents’ Day, or as it is legally known, Washington’s Birthday. We have come to regard the holiday as a celebration of all of our presidents and before we get into the goings-on at ALTA, please indulge me in this industry-relevant story about our 13th president, Millard Fillmore.

President Fillmore was born January 7, 1800, in Cayuga Country, New York. Just a year before his birth, the future president’s father, Nathaniel, and uncle, Calvin, purchased a farm in Locke Township sight unseen. The land was part of the central New York military tract set aside for sale to soldiers who had fought in the Revolutionary War. Faulty surveys, fraud and ignorance left title to land in the military tract uncertain, prompting the state of New York to send a team of commissioners to review and settle all land titles in the area. Unfortunately for the Fillmore brothers, they were unable to defend their title against the commissioners’ findings.

Following the complete failure of their title, the Fillmores took up a perpetual lease for a farm in Sempronius, NY. However, the poor soil, forest cover and rugged terrain of the plot led to rough times for the Fillmores. This experience led Nathaniel Fillmore to push his children into professions other than farming. For his son Millard (a good student and avid reader), Nathaniel secured a clerkship studying law with Judge Walter Wood. Wood was the richest person in the country, having earned his money and reputation on title litigation. It was this experience that led the future president to become an attorney.

We can assume that his experience clerking for Judge Wood led to one of President Fillmore’s most astute and important acts, promoting a law to perfect title in the new state of California. In 1850, Fillmore became president on the passing of President Zachary Taylor. In his first State of the Union, Fillmore addressed one of the most pressing issues of the day, the status of land ownership in the newly acquired states of California, Texas and New Mexico. In that message to Congress, Fillmore stated:

The uncertainty which exists in regard to the validity of land titles in California is a subject which demands your early consideration. Large bodies of land in that State are claimed under grants said to have been made by authority of the Spanish and Mexican governments. Many of these have not been perfected, others have been revoked, and some are believed to be fraudulent. But until they shall have been judicially investigated they will continue to retard the settlement and improvement of the country. I therefore respectfully recommend that provision be made by law for the appointment of commissioners to examine all such claims with a view to their final adjustment.

This is a great statement about what the land title industry does every day and how that work is important to our country and the free flow of capital. Can you imagine if there was an entire paragraph in a modern day State of the Union about the importance of clear title? Join me in celebrating the achievements of an oft overlooked President Millard Fillmore.


What’s on Tap in 2014 for Congress

As we begin the second session of the 113th Congress, many pundits in Washington are hoping that 2014 will be a more productive legislative year than 2013. Given the number of priorities on the to-do list and the limited amount of time to get them done (29 weeks because it is an election year), let’s hope last December’s budget deal is a good omen of things to come.

While the year will start with a discussion on extending unemployment benefits, probably the most pressing task for returning lawmakers will be to pass a Congressional spending plan (also called appropriations) for the 2014 fiscal year and avoiding another shutdown. The deadline is January 15th and should be made easier thanks to the recent budget agreement. The big issues will be cuts to defense spending and whether efforts will be made to defund the Affordable Care Act.

Closely following on the heels of the appropriations bill will be the need to raise the country’s debt ceiling. The temporary suspension of the debt limit will expire on February 7 and it is expected that Republicans will demand some concessions in exchange for raising the debt limit and avoiding default.

Reforming the tax code already faced long odds, but the effort suffered a serious blow when President Obama named Senate Finance Chairman Max Baucus (D-MT) as the new ambassador to China. Incoming chairman Ron Wyden (D-OR) may not share the zeal for the topic as his House counterpart, Ways and Means Chairman Dave Camp.

While tax reform might be dead, what is likely is that lawmakers may push to retroactively extend some or all of the 55 tax breaks that expired at the end of last year. Some of these tax breaks (also known as “extenders,” in DC speak) include deductions for mortgage debt cancellation, state and local sales taxes, research and development, hiring veterans, wind power development, mass transit benefits and racetrack construction.

Momentum on immigration reform has slowed since the Senate passed its bipartisan bill in June 2013. House Republicans have taken a piecemeal approach that should reach the House floor this year. The main difference is that the House bill will likely only provide a path to a legal resident status (“green card”) instead of citizenship for undocumented immigrants.

One topic that does seem to have momentum is patent reform. Last December the House passed legislation making it more difficult for so-called “patent trolls” to sue companies and extract large settlements. The Senate is expected to pass a more limited version of the bill, but odds are good that these differences can get worked out in a conference committee.

Another issue that ALTA is watching closely is flood insurance reform. Recently Mary Landrieu (D-LA) and Chuck Schumer (D-NY) told reporters they had assurances that Senate Majority Leader Harry Reid would file a cloture motion in “early January” to advance legislation, S. 1846, to delay scheduled rate changes for homeowners residing in flood zones in revised maps. In the House of Representatives, Bill Cassidy (R-LA) has introduced a related measure.

Other topics that should get some consideration in Congress include a new multi-year farm bill, trade and customs legislation, cybersecurity and reforming the NSA’s data collection program.

If you have any questions about the congressional agenda, please contact Ben Lincoln, ALTA’s director of government affairs, at benjamin@alta.org or 202- 261-0308.

To get involved with legislative issues impacting the industry, I encourage you and your staff to join the Title Action Network, which is a free, energrized grasssroots movement consisting of  title insurance professionals promoting the industry's avlue and protecting consumer rights.


Copy of presentation from webinar titled "A New Era in Closings"

We had more than 1,400 people register for today’s webinar "A New Era in Closings," which addressed the Consumer Financial Protection Bureau's final rule for integrated mortgage disclosures. Our provider, however, has a limit of 1,000 attendees. If you could not access the webinar, please know that is was recorded. After it’s edited, you will be able to watch the prese
ntation on our YouTube channel at www.youtube.com/altavideos or on our blog.

The webinar focused on top-level analysis of the final rule, which is 1,888 pages long. This was only the first of many educational opportunities we will provide about the integrated mortgage disclosures.

Integrated_disclosures_112113 1


CFPB Provides Seven-page Summary of Mortgage Disclosure Rule

201311_cfpb_tila-respa_detailed-summary_Page_1If you don't have time to read all 1,888 pages of the Consumer Financial Protection Bureau's final rule for integrated mortgage disclosures, the Bureau has provided this great summary document, which addresses the scope of the rule, highlights the new Loan Estimate and Closing Disclosure, limits on closing cost increases and proposals not adopted in the final rule.

The CFPB listened to ALTA concerns and gave the industry plenty of time to implement the new forms as the final rule becomes effective Aug. 1, 2015.

You can download a PDF of the summary here.

Submit Your Questions/Comments About the CFPB's Integrated Mortgage Disclosures

Please send your questions or comments about the Consumer Financial Protection Bureau's final rule for integrated mortgage disclosures to respacomments@alta.org. We will post answers and analysis to the final rule and forms here on our blog. We encourage title professionals to follow the blog as we will continue to provide analysis and information about implementing the new mortgage disclosures. The CFPB set an effective date of Aug. 1, 2015 for the industry to begin using the new disclosures.

Here are links to the final rule, Loan Estimate and Closing Disclosure:

The CFPB also has provided some additional information, including a factsheet about the integrated mortgage disclosures and information about the testing process used to arrive at the final rule.


Title Action Network Adds New State Partners, Launches New Membership Contest

The Title Action Network (TAN) welcomed the state land title associations of Washington, Arizona, Michigan, and Pennsylvania as official partners last week.

The new states bring TAN’s total number of state land title association partners to 29. If your state would like information on becoming an official state land title association partner, please e-mail Madeleine Nagy at mnagy@alta.org or call 202-261-2949.

TAN’s membership is now at 4,500! To capture some of the TAN excitement heading into ALTA’s Annual Convention, the Title Action Network has launched a new contest today. Any individual that recruits a new TAN member between today and September 30 will be entered to win a FREE Apple iPad! Click here for more information.

It’s simple—just ask anyone you know in the land title industry to join the Title Action Network at www.titleactionnetwork.com and make sure they list your name in the “referred by” line. 

If you have any questions about starting a TAN membership drive in your state or company, please e-mail Wayne Stanley at wstanley@alta.org or call 202-261-2932.

If you'r wondering how TAN can help, check out this video:

Congress Urges Cordray to Drop ‘Optional’ From Owners’ Title Insurance on Forthcoming Mortgage Disclosures

“I would just suggest get rid of the word optional.”

That was the message from Congressman Ed Perlmutter (D-CO, and this year’s recipient of the Protecting the American Dream Award) to Consumer Financial Protection Bureau Director Richard Cordray at a hearing on Thursday on the Bureau’s semiannual report to Congress.

Congressman Perlmutter’s statement came after Congressman Gary Miller (R-CA) and Director Cordray had an exchange on the topic of calling owners’ title insurance “optional” in the final rule. Here is the exchange:

REP. MILLER: I enjoyed your opening statement. You talked about empowering consumers, fair and transparent competitive marketplaces, dealing with bad actors, which we saw plenty of those before 2007 and you supervise a program to create larger credit reporting companies. The one thing that’s kind of glaring to me is you took title insurance and you tagged it as optional for the buyer. And that’s a real concern for me? Now, anytime a buyer would look at something and they’d say optional and it cost money, generally they don’t do it because most people really don’t understand what optional means or they don’t know what title insurance really means. But your bank regulators and GSEs all require a title insurance before they’ll make a loan?And if we’re concerned about empowering consumers, we really should be concerned about their safety. And why would you take something that I believe is very, very important that could arise in the future and put optional on it?

MR. CORDRAY:  First of all, I take your point. Your point is, you know, obviously meritorious that, you know, title is often in question with properties, and different parts of the country more so than others. Title insurance obviously is meant to address the risks of that. I will be happy to go back and take a look at the point you’re raising about how we’re characterizing it on that proposed form.

In addition to the owners’ title insurance questions, Congressman Randy Hultgren (R-WI) pushed Director Cordray on the implementation timeline for the rule and the topic of machine-readable forms. Hultgren asked:

REP. HULTGREN: I know you’re working on one more major mortgage rule- making, the merging of RESPA and TILA mortgage disclosures into one document. And the proposed rule was over 1,000 pages and will affect everyone involved in a home purchase: home-buyers, lenders, realtors. As I understand it, given how much technical work must go into getting everyone’s system updated and ready, I’d like to think it would be impossible to have this rule implemented before January 15th. Is that true? Why or why not?

CORDRAY: So the (inaudible) rule was one of the—it was a special mortgage rule in the sense that Congress required us to do it, but didn’t give us a deadline, which told us that Congress wanted it done, but not quite on the same priority maybe as some of the other rules. We will now finalize that rule later this year. We will give an implementation period for that that I think will be sufficient for industry. And we’re talking and—and listening closely to what they have to say about that. We recognize that’s going to require a fair amount of systems and process changes. And that will lag behind the changes that they’re making for January...

REP. HULTGREN: So there will be a delay in implementation requirements...

CORDRAY: It’s not even finalized yet, that one, unlike all the others. And when it is finalized, there will be a period of time to recognize they need to finish implementing this rule and then have ample time to bring that into effect.

REP. HULTGREN: Getting very specific on this, I know one of the requirements of the Bureau’s RESPA-TILA proposal is to require all disclosure forms to be machine-readable record format. I wonder if you could tell me what that means, what the purpose of machine-readable forms are. While I understand and appreciate that this will help the Bureau in examination, convergence to these systems, as you can imagine, will be incredibly costly for small lenders, ESCO agents and title companies. I wonder what efforts you’re doing—taking to help minimize the cost burdens on this rule on small businesses.

CORDRAY: Yeah, thank you for the question. Just as you’re hearing about that, we’re also hearing about it. We’re trying to think about exactly what purpose that serves and—and to what extent those benefits are worth the burdens. Obviously, the point I—I know is to create some uniformity so that there can be more comparison, more analysis and more understanding of the market. Whether—whether that’s all appropriate or needs to be done now is something that we’re looking at.

REP. HULTGREN: My time is just about done. Just, you know, I hope you’ll look at cost benefit analysis. That doesn’t happen enough in this. And it absolutely is having an impact on small businesses.

You can view an archived webcast of the hearing here.

We are grateful to Congressmen Hulgren, Miller and Perlmutter for posing these important questions to Director Cordray. As we move closer to the release of the final rule, we will eagerly watch for how the Bureau resolves these and other issues brought up in ALTA’s comment letter. We're still hearing sometime in October and will provide a webinar shortly after the release to go over what the CFPB unveils.

If you have any questions about the hearing please contact please contact ALTA’s vice president for government and regulatory affairs, Justin Ailes, at justin@alta.org or 202-261-2937.

You can also view ALTA's advocacy efforts regarding the integrated mortgage disclosures here.