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"Title insurance" needed on a cash sale for a lot in a well established subdivision?

4,770 Views | 58 Replies | Last: 1 day ago by jja79
HarleySpoon
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Definitely get it.

Closed on both sides of about 100 real estate transactions in about two dozen states. Only ever had to file a claim one time:

Bought a distressed loan from a bank secured by an office building in South Carolina from a large bank. When you purchase a loan, the lenders title policy is ordinarily transferred to the buyer…as in this case. Turns out, the title company that insured the loan unknowingly hired the borrower (who was a real estate attorney) to do the title work. The attorney/borrower conveniently left out a $300,000 first lien from Bank of America that was not paid off at closing and wasn't on the schedule B of the policy. Bank that sold me the loan thought they had the first lien based on the title work/policy…but did not know the borrower did the work for the title company.

We filed the claim and the title insurance company paid us $300,000.

Furlock Bones
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It's the absurd cost in Texas that is the real problem.
jja79
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The lack of a free market for title insurance in Texas is the problem. The product is fine but the artificially high cost is unfair.
Furlock Bones
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jja79 said:

The lack of a free market for title insurance in Texas is the problem. The product is fine but the artificially high cost is unfair.
I'm fairly certain I've read there are several states that do not have a free market either and are still much cheaper than Texas. There was an article I read some time before Covid breaking down title insurance in Texas and comparing it to other states. It also talked about the actual title insurance payouts. Quite informative.
SteveBott
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Title insurance has around 90% profit margins. Other insurance products are about 40%. Ridiculous
Diggity
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We should open a title company Steve
jja79
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None of the states we do business in have title insurance costs as high as Texas. I believe it's already been laid out why that is.
Martin Cash
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SteveBott said:

Title insurance has around 90% profit margins. Other insurance products are about 40%. Ridiculous
How do you figure that? Premiums vs. claims? Does this take overhead into account? I don't think it does.
SteveBott
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This is somewhat dated info but applies. And yes I know the political position of the Observer

https://www.texasobserver.org/entitled-to-profit-in-texas-title-insurance-is-a-total-scam/


"In 2017, the latest year for which data is available, title companies sold $1.8 billion worth of policies, according to the Texas Department of Insurance (TDI). Of that, title companies retained $1.5 billion and paid $335 million over to their underwriters, the companies that actually compensate policyholders in the event of a claim. But according to TDI data, only about $24 million was needed to settle claims from title defects that year. In other words, for every dollar that the industry took in as revenue, they paid out little more than a penny to policyholders.
That isn't how insurance is supposed to work. Its economic purpose is to spread risk, distribute losses more evenly, and protect individuals from sudden shocks. Insurers rake in a big pile of money, but end up paying most of it out in the form of claims, only setting aside a percentage to cover the costs of doing business, and as profit.
Take property insurance, for instance. It is also relatively expensive in Texas, compared to other states, mostly on account of our violent weather. The loss ratio of companies like State Farm or Liberty Mutual ranges from 50 to 90 percent of their gross revenues. Of a $100 monthly premium, for example, $65 might get paid out to homeowners after fires or floods, in a typical year. The loss ratio on property insurance was 58 percent in 2018, according to TDI; for auto collision insurance, it was 57 percent"
jja79
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Can one of the title insurance guys explain why Texans are saddled with ridiculous title iinsurance costs?

I'm riding off into the sunset at the end of next month and actually no longer live in Texas but it's something I can't believe all the consumer advocate groups haven't addressed.
LoneStarBQ
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So Texas title insurance rates are set by the Texas Department of Insurance. I am an independent title insurance agent so my office keeps 85% of the premium and the Underwriter gets 15%. These rates are scrutinized by TDI every few years to make adjustments to the rate. We will soon be receiving a rate decrease according to the state. They want to make sure we aren't profiting too much. It's true that our rates are higher than competitive rate states in most places, but its my opinion that we provide a better product and better service. Now the reason the agent gets 85% is that we have more personnel than most title companies in other states. Half of my staff does research for the title insurance product, unlike other insurance products that just sell insurance. The other half of my staff is closing personnel, people who gather all of the costs and collect all of the fees and put them together on the closing statements. I lost money in 2023 and just make enough to get people paid this year.
LoneStarBQ Fightin' Texas Aggie Band Class of 89 Midland, TX
jja79
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How is the product and service better than it is in other states?

Honestly rereading your post leaves more questions than answers. You confirmed for many of us that the Texas title insurance business is a bad situation for consumers. The government has mandated a rate with an 85% gross margin. The actual cost of the insurance is only 15%. I've closed a few thousand transactions at Texas title companies and always thought it's the most bloated industry I know of. I've frequently asked how other states can have equal service and the same product and coverage at a fraction of the cost. Now I know why. Thanks for posting.
LoneStarBQ
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As I said, we provide a better product and better service because we can employ more people to accomplish this. You don't have to like it but I don't think you've proved it's a sham or over-inflated.
LoneStarBQ Fightin' Texas Aggie Band Class of 89 Midland, TX
jja79
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Not trying to be argumentative but I think my question was pretty straightforward but wasn't really answered as to how the product and service are better. Buyers in other states get the same service and coverage with less cost and I think that's what consumers are looking for.
LoneStarBQ
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I would argue that customers in other states don't get the same service nor the same quality product.
LoneStarBQ Fightin' Texas Aggie Band Class of 89 Midland, TX
jja79
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You're suggesting Chicago, Stewart and other underwriters provide a superior title insurance product in Texas?
GaryClare
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SteveBott said:

My problem is not having a title insurance policy. My issue is cost. Title insurance is the ONLY insurance policy regulated by the state. All others are subject to market conditions. It has been proven by multiple studies of other states that our TI would be 30-40% lower if the market determines costs.

But almost all title companies are owned by lawyers. Almost all legislators are lawyers. It's not hard to do that math. It's an extremely profitable industry. Just see title companies offices and how they are furnished. Also see a title office on every corner of major metro markets. It's a racket.
And it gets worse. I am almost certain you have to get new title insurance if you refinance your own property. The "old" policy doesn't carry to the new loan. Then the people who do the searches say they only go back as far as the last reputable company who researched it. But the old policy on your own property isn't good enough.

For the cost of this stuff I want to see the history from the first Spaniard who stepped foot on the property until the present.
Jay@AgsReward.com
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The reason the policy does not apply going forward actually makes perfect sense. If you get a policy on 1/2/24, then rehab your property and stiff the contractor, and he files a mechanics lien on 7/1/24 the previous policy is of course not going to be responsible for that lien when you go to sell or refi on 12/31/24.

And if you were to refi in that first year you do get a 50% discount on the full premium as the new policy will only be covering the last year. Still expensive? You bet but at least there is some common sense with the discount.
LoneStarBQ
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jja79 said:

You're suggesting Chicago, Stewart and other underwriters provide a superior title insurance product in Texas?
Yes, in the state of Texas I believe we provide a better product. That includes what Chicago can do in Texas vs. what they can do in New York.
LoneStarBQ Fightin' Texas Aggie Band Class of 89 Midland, TX
LoneStarBQ
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GaryClare said:


And it gets worse. I am almost certain you have to get new title insurance if you refinance your own property. The "old" policy doesn't carry to the new loan. Then the people who do the searches say they only go back as far as the last reputable company who researched it. But the old policy on your own property isn't good enough.

For the cost of this stuff I want to see the history from the first Spaniard who stepped foot on the property until the present.
So the owners title policy you receive is good forever with a "good through" date as of the date of the policy. That means that even if you sell the house and twenty years down the line someone approaches you saying you didn't convey the property correctly (or whatever problem), your title policy still covers you.

A lender's title policy is good as to that Deed of Trust. That means if you refinance and get a new loan, the existing lenders title policy would not cover the new lender. They may require you to purchase a new loan title policy for the new loan. Also, there are refinance credits that you will receive for refinancing within 6 years.
LoneStarBQ Fightin' Texas Aggie Band Class of 89 Midland, TX
jja79
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LoneStarBQ said:

jja79 said:

You're suggesting Chicago, Stewart and other underwriters provide a superior title insurance product in Texas?
Yes, in the state of Texas I believe we provide a better product. That includes what Chicago can do in Texas vs. what they can do in New York.
Can you explain what's better about a title policy in Texas versus one in another state?
SteveBott
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I can explain what better for the title company in Texas. Significantly more money per risk.
GaryClare
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LoneStarBQ said:

GaryClare said:


And it gets worse. I am almost certain you have to get new title insurance if you refinance your own property. The "old" policy doesn't carry to the new loan. Then the people who do the searches say they only go back as far as the last reputable company who researched it. But the old policy on your own property isn't good enough.

For the cost of this stuff I want to see the history from the first Spaniard who stepped foot on the property until the present.
So the owners title policy you receive is good forever with a "good through" date as of the date of the policy. That means that even if you sell the house and twenty years down the line someone approaches you saying you didn't convey the property correctly (or whatever problem), your title policy still covers you.

A lender's title policy is good as to that Deed of Trust. That means if you refinance and get a new loan, the existing lenders title policy would not cover the new lender. They may require you to purchase a new loan title policy for the new loan. Also, there are refinance credits that you will receive for refinancing within 6 years.
Thank you for the clarification!
jja79
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Isn't the coverage the same?

Having been in this business a long time I called a contact with one of the big national underwriting companies who confirmed the title insurance coverage issued in states other than Texas is the same as is issued in Texas. The difference is it costs more in Texas.
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