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Homeowners to Save Hundreds of Dollars at Closings

Superintendent of Insurance Howard Mills and Attorney General Eliot Spitzer today announced that the New York State Insurance Department has approved 15% rate reductions for title insurance companies that cumulatively have 93 percent of the state’s market share. The new rates take effect immediately. Title insurers in New York collected an estimated $1.2 billion in written premiums in 2005.

"These title insurance rate reductions will save consumers hundreds of dollars when they close on the purchase of a new home," said Superintendent Mills. "New Yorkers have been paying too much for title insurance for too long because internal industry practices, rather than market forces, were driving the product’s price."

"This is great news for consumers and we are encouraged to see more widespread price reductions in the New York title insurance market. We will continue to examine title insurance in New York with an eye towards eliminating illegal practices that may still be inflating rates," said Attorney General Spitzer.

New Yorkers, for instance, who purchase for $200,000 an upstate property will now pay on average $952 for title insurance, down from $1,120. The percentage rate decreases remain the same, but the dollar savings are higher, for buyers in downstate counties. For example, an individual who acquires a downstate property valued at $500,000 will see their typical title insurance costs drop to $2,125 from $2,500.

The state-licensed title insurers who received Insurance Department approval to cut their rates, and the statewide market shares for them and their subsidiaries as of Dec. 31, 2005, include:

Fidelity National Financial Group (33.3%)
First American Title Group (24.6%)
LandAmerica Financial Group, Inc. (20.4%)
Stewart Title Companies (12.7%)
Washington Title Insurance Company (1.7%)

The rate reductions approved for Fidelity National Financial Group and First American Title Group, and their subsidiaries, were part of the settlement agreements the Insurance Department announced with the New York Attorney General’s Office on May 23, 2006. Those agreements concluded a joint regulatory investigation into allegations related to illegal rebates and referral fees and also called upon companies affiliated with both Fidelity National Financial Group and First American Title Group to reduce their rates by 15% going forward for properties they insure that are valued at no more than $1 million.

The now-concluded probes into Fidelity National Financial Group and First American Title Group revealed evidence of illegal schemes by which real estate developers would have their title insurance fees waived or discounted in other states in exchange for giving their New York business to Fidelity National Financial Group or First American Title Group companies.

These discounts were not available to home purchasers and small businesses, who in effect subsidized the illegal rebates by paying higher title insurance rates in New York. The investigation also found that Fidelity National Financial Group and First American Title Group companies paid illegal referral fees to their customers’ representatives.

Title insurance protects the buyer and mortgagee in a real estate transaction by ensuring that the seller has legal title to the subject property. A title search is performed by the title insurance company, title insurance agent, or an attorney prior to the closing. This search will reveal, among other things, whether any liens or claims are pending against the property and ascertain whether the seller has good and clear title to the property.
The New York State Insurance Department will hold a public hearing later this year to review title insurance rates and related matters.

Contact New York real estate lawyers from the law firm of Weinstein, Chase, Messinger and Peters, P.C. ,

 

 

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  Real Estate Terms


FAIR MARKET VALUE
-The hypothetical price that a willing buyer and seller will agree upon when they are acting freely, carefully, and with complete knowledge of the situation.

PMI
-Private Mortgage Insurance; privately-owned companies that offer standard and special affordable mortgage insurance programs for qualified borrowers with down payments of less than 20% of a purchase price.

Real Estate Investment Trust REIT
- Mortgage REITs deal in investment and ownership of property mortgages. These REITs loan money for mortgages to owners of real estate, or invest in (purchase) existing mortgages or mortgage backed securities. Their revenues are generated primarily by the interest that they earn on the mortgage loans.

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DID YOU KNOW ?

ALTERNATE DISPUTE RESOLUTION (ADR) can be a real estate legal option

This is A range of different forums and processes which can be utilized to resolve a dispute.

For example arbitration, collaborative problem-solving/consensus-building, negotiation, facilitation, mediation and conciliation.

Acceleration clause is a real estate contract option

A provision in a mortgage, trust deed, promissory note or contract for deed (agreement of sale) that, upon the occurrence of a specified event, gives the lender (payee, obligee or mortgagee) the right to call all sums due and payable in advance of the fixed payment date.

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NY State Published Real Estate Guide

New York State Attorneys Office on Tenant Rights, This is a guide on NY Tenent's Rights published by NY State. Read More >

Additional free copies of "Tenants' Rights Guide" are available from the New York State Attorney General's Office, 120 Broadway, New York, NY 10271 or from any regional office of Attorney General Eliot Spitzer.

 


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