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November 13, 2009



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NAR Seeks to Stem Insurance Crisis

WASHINGTON The politically powerful National Association of Realtors is considering backing federal legislation that would subject insurance companies to the same Community Reinvestment Act requirements that national banks must meet.

To make sure insurers don't engage in redlining, the 880,000-member group also is examining legislation that would extend the collecting and reporting requirements of the Home Mortgage Disclosure Act to companies which provide property casualty coverage.

Insurance companies have said repeatedly that they don't cherry pick the best customers, or leave others to fend for themselves.

But the NAR isn't so sure that the tighter underwriting requirements, premium increases and limitation on new policies that have resulted in an insurance crisis in many parts of the country aren't an attempt to weed out the customers insurers don't want.

Consequently, the nation's largest trade association thinks it may be necessary to hold the industry's feet to the fire by requiring them to adhere to the same rules as many lenders.

The possibility that NAR will back such steps was discussed in depth at the group's annual Midyear Legislative Meeting here last week, where an insurance task force created last September issued its final report and made several other recommendations.

Among the proposed "action items" are these steps:

  • Support disclosure of insurance scores which are used to determine if a home owner or buyer is likely to file a claim within the one-year policy period.

  • Back an amendment to the Fair Credit Reporting Act that would shorten the time-frame in which the three credit repositories must investigate and correct errors spotted by consumers in their credit reports.

  • Seek legislation to increase the penalties on companies which provide credit that repeatedly furnish inaccurate information.

  • Changes the manner if which multiple shopping inquiries are counted by insurance as well as credit scoring models.

    The steps and a few others are the only method by which NAR believes it can have an influence on insurers at the federal level, said Task Force Chairman Mike Schmelzer of Tryax Realty in Great Neck, N.Y., who pointed out that individual states are responsible for regulating the insurance business within their own borders.

    "Because insurance is a state-regulated business, we have to come around from the other side," said Ed Miller, an NAR lobbyist. To help state and local Realtor associations fight the battle on their own turfs, the big trade association has engaged an un-named but "very expert outside law firm" to work on their behalf, Mr. Schmelzer also said.

    Much of what the Realtors are considering appears to be designed to force insurance carriers to back off of their collective stance to date that they have had little choice but to be more restrictive.

    "The industry has been slow to come to the table and negotiate," said the New York realty broker reported. The task force report found that the many reasons for the insurance crisis increasing and higher claims, large judgements, terrorism and the stock market meltdown have come together to constitute a "perfect storm" that the industry had no choice but to confront.

    But whatever the reason, it said, many sales transactions are problematic at best, "often delayed" and sometimes "falling through due to insurance availability or affordability problems." In what the report called "perhaps the most troubling" aspect of the problem, it said new owners are being informed after settlement but prior to the end of the time period for which an insurance binder is effective that coverage has been denied.

    This, it was pointed out, leaves buyers without recourse to negotiate with sellers over required repairs that may be mandated before a policy can be issued. It also forces them to grab coverage at any cost, shouldering an extra burden that was far beyond what they anticipated.

    "Without insurance, lenders will not lend; without mortgages, the great majority of sales transactions cannot be consummated," the report said.

    "Without continuing coverage, existing home owners cannot remain current on their mortgage obligations and may find themselves subject to expensive lender forced-place coverage or possibly foreclosure." To give buyers and owners a fighting chance, NAR wants insurers as well as lenders not only to disclose the scores on which they base much of their underwriting decisions but also to report the key factors influencing the grade and the date of the score.

    It also says consumers need a sufficient explanation of what impact their scores have on their loan and insurance applications.

    Stuart Pratt of the Consumer Data Industry Association, which represents the credit bureau business, said several states already require such disclosures of insurers. But Richard Febvre, a re-scoring expert from Flagstaff, Ariz., argued that federal legislation is necessary.

    Advocating full disclosure, Mr. Febvre said the revelations states require are "too generic" to be worthwhile. "Consumers can't fight what they can't see," he said, offering that reports need to be more explanatory.

    To give consumers a better chance to impact their scores prior to closing instead of after, when it often no longer matters, NAR wants to amend the FCRA to shorten the time frame available for credit reporting agencies to investigate mis-information and correct mistakes.

    Currently, agencies have 30 days to look into complaints and make the necessary changes. But they have an extra 15 days if need be. After 45 days, the disputed information must be removed.

    But the task force said that the inability to get corrected information can delay or cancel closings, which are now occurring "much sooner after contract." Besides, the report adds, since most information is available electronically, the "ability to complete investigations...can be completed in a much shorter time frame." NAR also wants entities which provide information to credit bureaus to be responsible for furnishing accurate data, and says those who repeatedly and knowingly submit inaccurate info should be fined.

    On the commercial side of the real estate ledger, the association advocates amendments to the Risk Retention Act that would permit groups of small property owners to band together in so-called "risk rentention groups" to purchase liability on a bulk basis or to form self-insurance combinations.

  • Published: May 15, 2003

    Use of this article without permission is a violation of federal copyright laws.




    When Lew Sichelman first started writing about housing in 1969, he was the youngest real estate writer in the country. Now, 37 years later, he's one of the oldest -- and most decorated.

    He has been rated the top housing columnist in the country by the National Association of Realtors as well as by his peers in the National Association of Real Estate Editors. Indeed, NAREE has recognized his work on numerous occasions. One year - due to his advancing age, he can't recall which one - he earned top honors in the annual NAREE Journalism Contest in three out of the four major writing categories. It was the first time one writer has won so many NAREE awards in a single year.

    Known for his ability to make even the most difficult topics understandable, Sichelman also has been honored by the National Association of Home Builders and the Mortgage Bankers Association.

    He began providing in-depth coverage of and consumer-oriented information about housing and housing finance at the Washington Daily News, where he was real estate editor. He held that same position for nine more years at the Washington Star, which purchased the News in 1972.

    The Star, a so-called "writer's newspaper" which also had the misfortune of being an evening paper, was put out of its misery in 1981, and Sichelman, who had begun self-syndicating his column in 1978, decided to become a full-time columnist. Today, his column, "The Housing Scene," is distributed by United Media to newspapers throughout the country.

    He also is on the staff of National Mortgage News, an independent newspaper which is considered the bible of the mortgage business. And he writes for numerous other publications, including MarketWatch.com, where he answers readers questions once a week, Sports Illustrated (don't ask), RealtyTimes.com, BigBuilder and others.

    Sichelman is married, the father of five and grandfather of eleven.







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