Title and Closing Coordinator

December 30, 2012 admin

EPIC Real Estate Solutions – Pittsburgh, PA

About EPIC Real Estate Solutions

EPIC is a growing national provider of title insurance, escrow and valuation services. We strive to provide the highest level of customer service to national banks, mortgage companies, credit unions and government agencies. Our executive management team has over 20+ years of industry experience. We are a certified woman owned business and pride ourselves on building a great team that allows for career advancement and growth. Our culture at EPIC is dedicated to providing unparalled service to our client but at the same time, making sure our staff have a great place to work. We offer tele-commuting options, flex-time hours, full medical, dental and vision benefits and 401k. Come join our team and start enjoying work.

About the Position

The primary duties of the Title and Closing Customer Service Representative are to service our clients and handle files from the curative process through the preparation of the HUD.

Job Description

1. Review of Title Commitment for clearance.
2. Prepare HUD settlement statements.
3. Confirm closing dates, location, documentation, and funds due at closing with borrowers.
4. Secure lender approval of loan closing documents.
5. Responsible for closing documents in accordance with state requirements and client instructions.
6. Review Work In Progress report to ensure completion.
7. Address inquiries from clients, borrowers, agents and internal staff professionally and in a timely manner.
8. Maintain open communication with clients, team members and team leader.
9. All other duties assigned by management.

Position Requirements:

Must have 1 to 3 Years Prior Experience in Title and Closing Industry

1. Ability to resolve and identify conflict issues effectively.
2. Ability to read title and closing notes with clear understanding.
3. Ability to work independently and in a team environment.
4. Ability to meet timeframes of task assignments by customer.
5. Sense of urgency and communicating closing requirements and timelines to multi-state facilities closing teams and Brokers.
6. Ability to work in a paperless environment and maintain detailed tracking information in workflow.
7. Effective Communication Skills both verbally and through correspondence.
8. Attention to detail

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Please review all application instructions before applying.

Underwriter/Settlement Processor needed

December 29, 2012 admin

Investors Title Company – Harrisburg, PA
UNDERWRITER / SETTLEMENT PROCESSOR BANKERS SETTLEMENT SERVICES – CAPITAL REGION (Harrisburg, Pennsylvania) Position Objective: To perform underwriting and settlement duties and customer service as directed by Operations Officer. Position Responsibilities: Customer Service Communicate in a professional, courteous, pleasant and personal manner with clients and other employees on the telephone and in personal interactions. Receive and respond to customer inquiries received via phone, fax or email requesting status, rate quotes, title defects, clearing exceptions or general information. Underwriting/Production Understand and comply with ITIC’s underwriting principles and guidelines for all transactions. Keep abreast of changes to ITIC’s underwriting guidelines and apply to daily work. Type acceptable number of policies and endorsements according to agency production and quality goal. Ensure all information and documentation for file is assembled, accurate and forwarded to proper party. Learn and understand ITIC’s Title Policy System. Ensure critical title information is entered accurately and timely. Workflow Administration (if applicable) Receive order for title insurance via fax, email or phone. Order and track title and tax search from abstractor/examiner for all title requests (if applicable). Schedule closings and closers, verify places and times of closing, order continue/update (if applicable). Maintain information on clients, providers and lenders to ensure proper processing of title orders. Produce daily and monthly reports as indicated by Operations Officer. Maintain inventory of policy jackets, forms and promotional items. Maintenance of account receivables and pending files General Office Support (if applicable) Sort all incoming mail and faxes. Complete daily deposit of receivables in processing system and at bank in compliance with ITMS accounting standards. File all incoming mail with appropriate file. Order office supplies as needed. Closing (if applicable) Understand and comply with ITIC’s settlement and accounting guidelines for all transactions. Coordinate all aspects of the closing function and attend closings as needed. Prepare and edit settlement statements when needed. Process and coordinate closing files with the assistance and direction of the Operations Officer. Balance file with lenders and prepare necessary closing documents. Ensure timely processing of checks/disbursements for closings. Perform all post closing functions. Tear down closing files following closing, which includes shipping lender packet, making payoffs and recording documents. Document Recording (if applicable) Coordinate with closing attorney or appropriate personnel for document recording Verify checks payable to recording office are correct Deposit funds and cut checks where needed for recording Follow up with recording office or attorney for status of recorded documents as necessary. Other Duties Communicate regularly with Operations Officer regarding work volumes, customer issues and obstacles impacting production and quality. Special projects assigned by Operations Officer. Position Qualifications: High school graduate or equivalent with three years of clerical or underwriting experience related to title insurance, mortgage lending, legal support or loan processing. General knowledge of title insurance, legal instruments and terminology relative to conveying or encumbering property. Considerable ability to perform tasks relating to title insurance underwriting and administrative duties with minimum of supervision. Type with reasonable speed and accuracy. Analytical ability sufficient to analyze documents recorded in connection with a routine real estate transaction. Ability to work well under pressure, meet deadlines, organize workload and maintain accurate files. Ability to communicate effectively both orally and in writing, in person and by telephone.
See Job Description
CareerBuilder – 1 day ago
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Title Insurance Issues

Seventh Circuit – “created or suffered” exclusion of a title insurance policy with a mechanic’s lien endorsement – Lexology

December 23, 2012 admin

As a matter of first impression, the Seventh Circuit recently issued an opinion interpreting a “created or suffered” exclusion in a title insurance policy with a mechanic’s lien endorsement. See 695 F.3d 725 (7th Cir. 2012). In interpreting the exclusion, the court held that a title insurance company breached its duty to defend a construction lender under a mechanic’s lien endorsement to a title insurance policy.

In this case, the lender agreed to lend $95.5 million to finance the construction of an ethanol production plant. The lender was to disburse the loan in installments. To protect its mortgage, the lender purchased title insurance. The title insurance company was required to perform a title search after the lender made each loan disbursement. The lender paid an extra premium for a mechanic’s lien endorsement which insured against “enforcement or attempted enforcement” of a mechanic’s lien claim having priority over or sharing on a parity with the mortgage. The mechanic’s lien endorsement also required the title insurance company to defend the lender “in litigation in which any third party asserts a claim…alleging a defect, lien or encumbrance or other matter insured against by this policy.”

After $87 million of the loan had been disbursed, a dispute arose between the owner and the general contractor, which resulted in the general contractor filing a $6 million mechanic’s lien against the property. Suspecting a lien had been filed, the lender requested that the title insurance company perform a title search. The title insurance company updated the title search and disclosed the existence of the general contractor’s lien and, at that point, made an express exception from coverage.

After the lender filed suit to recover the $95.5 million due under the loan and to foreclose on its mortgage, the general contractor asserted a counterclaim against the lender, claiming that it was entitled to enforce its lien against the entire property and claiming priority over the lender’s lien. Although the title insurance company initially acknowledged the contractor was seeking a judgment determining that its lien was prior to and superior to the lender’s mortgage, it denied the lender’s request for defense and indemnification. After settling with the contractor, the lender then sued the title insurance company for breaching its duty to defend and indemnify under the title insurance policy and the mechanic’s lien endorsement.

In conducting its analysis, the Seventh Circuit noted that many title insurance policies insure only against mechanic’s liens arising before the endorsement date and for which labor or materials have already been furnished. However, the endorsement at issue in this case covered any claim “arising from construction contracted for and/or commenced on the land prior to, at, or subsequent to the effective date.” The court held that under the terms of the policy and endorsement, the title insurance company was required to defend against any enforcement or attempted enforcement of a claim asserting priority over or parity with the mortgage, regardless of the merits of the attempted enforcement. Although the contractor had little chance of success of prevailing on its counterclaim under Indiana law, the insurer still had a duty to defend the lender since the counterclaim was an attempt to enforce a claim of priority over a mortgage.

Of notable interest, the title insurance company also argued that coverage was excluded under the policy since it excluded from coverage claims “created, suffered, assumed or agreed to or by the Insured claimant.” As explained by the court, the “created or suffered” exclusion is standard in title insurance contracts and “apparently, one of the most litigated clauses in the field.” The title insurance company argued that the lender “created, suffered, assumed, or agreed to the lien” when the lender decided not to disburse the remaining $8.5 million in funds under the loan. Although the court recognized that First American Title Ins. Co. v. Action Acquisitions, LLC, 187 F.3d 1107 (Ariz. 2008) may support this argument, the “overwhelming weight of authority is to the contrary.” Rather, the “‘created or suffered’ language is intended to protect the insurer from liability for matters caused by the insured’s own intentional misconduct, breach of duty, or otherwise inequitable dealings.” Noting that neither Indiana nor the Seventh Circuit had ever defined the “created or suffered exclusion”, the court predicted that Indiana would adopt the majority view that the exception only applies when the insured was guilty of intentional misconduct, breach of duty, or otherwise inequitable dealings and does not apply when the insured is innocent of any conduct causing the loss or was simply negligent in bringing about the loss. Here, there was no allegation or evidence that the lender engaged in deliberate, dishonest, or illegal dealings.

The court also rejected the title insurance company’s claim that the lender breached a duty to the title insurance company to distribute the entirety of the loan proceeds. Id. at 733- 734. In distinguishing Brown v. St. Paul Title Ins. Corp., 634 F.2d 1103 (8th Cir. 1980) and Bankers Trust Co. v. Transamerica Title Ins. Co., 594 F.2d 231 (10th Cir. 1979), both of which involved title insurance policies and mechanic’s lien endorsements similar to the one at issue, the court noted a “critical” factual difference in those cases. There, the insured lenders had each “agreed to make adequate funds available to pay the developers and their contractors.” The court found it significant that in those cases, the title insurers assumed the responsibility for securing the lien waivers and actually disbursing the loan funds to the various contractors. These agreements with the title insurance companies clearly contemplated that the lenders would make adequate funds available to the title insurance company to satisfy claims. However, in this title insurance policy, there was nothing that required the lender to disburse the entirety of the funds. Because there was not a disbursement agreement with the title insurance company, the lender did not have a duty to disburse all of the funds. Therefore, the claim did not fall within the “created or suffered” exclusion as defined and interpreted by the court.

Construction Law Update