Realty Times April 18, 2003

Time To Examine Title, Escrow Fees -- Again
by Broderick Perkins

Authorities are investigating title and escrow companies again and that's a signal for you to also take a hard look at the firms you hire and the charges you pay for the service.

Five of California's largest title insurance companies are under investigation for charging too much following allegations by Consumers Union that refinancing homeowners are getting especially hard hit.

In New York, eight class-action suits against large title insurance companies allege that they intentionally overcharged homeowners refinancing their loans.

Several years ago, California went after the title and escrow industry and collected millions of dollars in the nation's largest ever suit against the industry, for allegedly bilking the state's consumers out of a half billion dollars.

At about the same time, Maryland's insurance commissioner obtained a court order to take control of a title company and suspend the company's and two agents' licenses in an investigation of more than $1 million in missing escrow funds and insurance premiums owed to home buyers, sellers, insurers and others.

Also during the same crack down era, Colorado fined seven title insurance agencies for violating state insurance laws and regulations, among them, charging the wrong rates to customers and applying unregulated rates.

"We urge the (California) Insurance Commissioner to investigate whether insurers are charging excessive rates and to help consumers save money by fostering greater competition in the marketplace. And if the Commissioner determines that companies have been charging excessive rates, he should order them to make refunds to consumers," said Norma Garcia, senior attorney for Consumers Union's West Coast Regional Office regarding the latest case against title and escrow companies.

Given the title and escrow industry over the past few years has remained as rife with complaints about the fees it charges as the subprime mortgage market has been with complaints about predatory lending, it behooves consumers to be just as diligent scrutinzing title and escrow fees as they should be when examining loan papers.

Title and escrow fees, among others, come into play when the seller accepts a buyer's offer and the two "open escrow" with a title or escrow company or, in some cases, an escrow attorney.

The escrow account holder is supposed to be a neutral third party that holds onto, and then exchanges, disburses and transfers deeds and other documents and money. With disbursements it pays off existing loans and it records deeds, prorates property tax payments and interest and it helps with the transaction's other transfer details.

Most of the monies associated with the home purchase are funneled through the escrow account including the buyer's deposit, money for the escrow account itself and related services, title insurance and title search fees, the mortgage money and associated fees, the real estate agent's commission, recording fees, filing fees, transfer fees, notary fees, courier fees and a host of others.

All these costs become "settlement costs" recorded on the U.S. Department of Housing and Urban Development's HUD-1 "Settlement Statement" or a reasonable facsimile, which discloses all of a housing transaction's costs for both the buyer and the seller.

If you want too keep title and escrow companies out of your wallet, follow these guidelines.

  • Educate yourself. Consider investing $20 in Sandy Gadow's "Your Real Estate Closing" (McGraw Hill $19.95), an investment that can save you hundreds of dollars. The book is a model guide to title, escrow and other closing issues. Gadow's web site EscrowHelp.com, is also an invaluable resource on the subject.

  • Before hiring a title or escrow company or escrow attorney, obtain several referrals from those you trust, family, friends, co-workers, real estate agents and others who've recently closed a satisfactory escrow.

  • Ask for a referral to the title or escrow officer, not the company. The officer should be familiar with the type of home you are selling, especially if it's a condo or other multiplex home.

  • The escrow office should be conveniently located or able to tap branches near you. Saving time saves money.

  • Consider a professional who is patient, exacting and willing to give you the time and information you need to understand escrow.

  • Compare the costs of different escrow and title companies before agreeing to use one. Fees can vary widely. Ask for all escrow costs from title insurance and search and escrow service fees to all the little so-called "garbage fees" that crop up in escrow.

  • Be aware that refinance-related title discounts, for example, may be available when the loan being refinanced is less than 10 years old. State regulations vary on allowing the discount, but the recent Consumers Union survey of California companies reported that the average rate quote on a $250,000 refinancing made by six of the largest title companies was $750 -- well above $275, one the lowest refi prices available in the market.

  • Be sure when you complete an application for a loan you get settlement costs and good faith estimate information. RESPA requires the lender or mortgage broker deliver these documents to you within three days of receiving the application.

  • Remember, the good faith estimate is only an estimate or range of charges. For example, the lender may not know the costs for a escrow agent or title company that you use, or the exact amount that will be collected for title insurance and other costs not levied by the lender.

  • To avoid surprises, let the lender and settlement agent (escrow or title company) know that you will want to see the settlement statement one day in advance and that you won't be rushed on closing day.

  • Compare the good faith estimate with the settlement statement, contact the lender as well as the title/escrow company, demand that they explain any differences. Ask the lender, title or escrow companies to waive any fees that were not listed in the good-faith estimate.

  • On closing day, come prepared with plenty of time, pencil, paper, a calculator, and an inquisitive, demanding mind. You are allowed to have your representative -- a real estate agent, mortgage counseler or other professional -- attend closing with you.

  • Do not hesitate to question any amount that you do not understand and sign nothing until you understand each charge.

  • Hard nosed consumer advocates suggest demanding a receipt for each and every charge on the settlement statement, but be prepared for resistance and be prepared to delay closing to get them. If you choose to go the receipt route, ask for a waiver of any fee not accompanied by a receipt.


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