http://www.respalawyer.com/2009/04/respa_section_9_why_was_i_requ.html
RESPA: SECTION 9 WHY WAS I REQUIRED TO BUY TITLE INSURANCE FROM SPECIFIC TITLE COMPANY BY SELLER?
The Real Estate Settlement Procedures Act's (RESPA) Section 9 (12 U.S.C. §2608) and Regulation X (§ 3500.16) prohibits, either directly or indirectly, a seller from requiring a purchaser to buy title insurance from a specific title company in any transaction as a condition of the sale.
Section 9 of RESPA (12 U.S.C. §2608) states that:
1. No seller of property that will be purchased with the assistance of a federally related mortgage loan shall require directly or indirectly, as a condition to selling the property, that title insurance covering the property be purchased by the buyer from any particular title company.
2. Any seller who violates the provisions of subsection (a) of this section shall be liable to the buyer in an amount equal to three times all charges made for such title insurance.
The only way a Seller can mandate that purchaser use a particular title company is if the seller paid 100% of all title insurance and related title costs. HUD's RESPA Division has stated on numerous occasions that unless the seller pays 100% of the title related costs then the seller has violated RESPA. REO companies need to pay particular attention to Section 9 because required use practices by REO companies are on the HUD's radar right now.
Additionally there are several local real estate purchase agreements that are in use in parts of the United States where the language in the purchase contract states that Seller picks the title company but purchaser pays for title costs. It should be clearly noted that you can not contract out of a RESPA Section 9 violation. Just because the purchase agreement is signed by the borrower doesn't prohibit the borrower from coming back and suing the seller for required use if the borrower is stuck with any of the title related fees.
Lastly another clever technique that is in use is where the seller says they will pay for the owner's title insurance policy but that purchaser has to pay for the lender's title insurance policy and all other costs. This does not pass the smell test nor does it pass HUD's smell test. The practice while novel in its approach is still considered a Section 9 violation. If you are a borrower has been a victim of this technique within the last year please give our firm a call.
If you are a victim of a Section 9 violation within the last year please give the Sterbcow Law Group LLC a call or if your transaction was more than a year but less than three years please contact HUD's RESPA Division so you can file an official complaint.
Split Closings are the newest thing in Real Estate in which the buyers have their title company and the sellers theirs as well.
I hear it all the time from the agents that have been in the business for a long time and sometimes maybe... too long that this is so new to them and they never seen this in the past.
Why do people split the closings / title companies for the transaction? well, there are a few different reasons and one being that the majority of the split closings are in deals with bank owned properties where their title companies would be representing the seller and the buyer but unfortunately I have heard all the nightmares of bank owned (REO) property / foreclosure title companies double charging, lacking in customer service and turn times, and closings being a mess. Now, this is just what I have heard - not my personal opinion. Some other reasons for doing a split closing is just to have the piece of mind in creating your own 'team' from the Realtor to the Mortgage professional to the inspector to the title insurance and closing company as well. Another reason could be due to pricing and fees and some home buyers choose to shop all rates from Realtors commissions to mortgage companies yieldspread to title companies closing and prep fees.
All are great and legit reasons in choosing your own title company to create a split closing and I have definately seen a rise in the numbers of split closings every week but you will never hear me or my company complain about doing on because as I've always said - a deal is a deal and meeting more folks at the closing table is always creating new opportunies based on the work and service you provide.
Keith Stonehouse - Franklin Title Agency http://www.franklintitleagency.com
MLR - Masterminds Luncheon Roundtable with the Short Sale Experts
WE ARE BACK!!! The ever so successful Mastermind Luncheon Roundtables are back!
Let's get together with our listings, our buyers wants and needs, our success stories, and the struggles that we face and bring them to the table to discuss with the other various Real Estate professionals matching listings to buyers, buyers to listings, as well as advice, tips, and feedback on everything that is Michigan Real Estate!
This will be the first of many to come as we did dozens of these earlier in the year and last year with great success!
PLEASE RSVP
What to bring:
Cost: Your lunch if you decide to eat lunch
Location: Panera Bread - Troy at Coolidge and Maple rd (15 mile)
Date: Thursday, July 30th
Time: 12pm noon to 2pm
This event will be sponsored by Michigan Loan Help Short Sale Negotiation Experts.
Thank You and I look forward to seeing you out on the 30th making a positive change in Michigan Real Estate! Feel free to0 email with any questions and or concerns.
Keith Stonehouse
VP, Franklin Title Agency - Founder, Michigan Realtor Masterminds
MLR - Masterminds Luncheon Roundtable with the Short Sale Experts
WE ARE BACK!!! The Mastermind Luncheon Roundtables are back!
Let's get together with our listings, our buyers wants and needs, our success stories, and the struggles that we face and bring them to the table to discuss with the other various Real Estate professionals matching listings to buyers, buyers to listings, as well as advice, tips, and feedback on everything that is Michigan Real Estate!
This will be the first of many to come as we did dozens of these earlier in the year and last year with great success!
PLEASE RSVP http://www.michigiganrealtormasterminds.groupsite.com
What to bring:
Cost: Your lunch if you decide to eat lunch
Location: Panera Bread - Troy at Coolidge and Maple rd (15 mile)
Date: Thursday, July 30th
Time: 12pm noon to 2pm
This event will be sponsored by Michigan Loan Help Short Sale Negotiation Experts. http://www.michiganloanhelp.com
Thank You and I look forward to seeing you out on the 30th making a positive change in Michigan Real Estate! Feel free to0 email with any questions and or concerns.
Keith Stonehouse
VP, Franklin Title Agency - Founder, Michigan Realtor Masterminds
Good Afternoon from Franklin Title Agency - Michigan's Fastest Growing Title Agency...
If you don't ask - You don't get it!
...so, I am asking you to send your next title order to Franklin Title Agency - Give us a Try!
Why?
If you are using Franklin Title Agency - You can answer YES to all of the above! Give us a Try on your next title order.
Thank You,
Keith Stonehouse, Franklin Title Agency
office (248) 564-4022 cell (248) 894-4785 email keith.franklintitle@yahoo.com web http://www.franklintitleagency.com
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