Outlook Still Negative for Title Insurers

A Moody’s report predicts that U.S. title insurers will continue to struggle for the next 12 to 18 months.

Insurance Networking News, April 11, 2011

Alex Vorro

Optimism regarding the title insurance industry is rather low right now. Given the fact that U.S. title insurers are still attempting to extract themselves from the housing bubble explosion, a new report from Moody’s Investors Service predicts that they will remain challenged over the next 12 to 18 months.

“Over the medium term, we expect title insurers to be pressured by a shrinking revenue base and lower income due to a drop in mortgage refinancings,” says Paul Bauer, Moody’s VP and author of the report, “accompanied by only a mild, if any, uptick in home sales.”

Moody’s believes that the credit profile of the industry will be driven by four factors:

• Interest rates

• Total number of home sales

• Legal or political developments

• Potential consolidation

Interest rate trends are the primary driver of refinancing volume, Moody’s says, with the industry benefiting when rates decline, as they did in 2010. Steady or rising rates, on the other hand, would cause a drop-off in refinancings.

“The Moody’s economic forecast is for mortgage rates to go up this year, with the 30-year fixed rate rising to about 6% from 5%,” Bauer says. “This scenario would prompt a significant drop in mortgage refinancings, and therefore title insurance revenue.”

Though home sales are likely to show slight improvement, the agency expects they will remain sluggish this year, resulting in continued, reduced title revenue from policies issued upon purchase of a home. While this revenue source will likely be stronger than revenues from mortgage refinancings, it nonetheless is likely to remain weak, since home prices have yet to correct to a level at which buyers are willing to enter the market.

In terms of regulatory and political changes, Moody’s asserts that the picture remains unclear at best for the industry, since title insurance is a key element of the mortgage finance market, which itself faces an uncertain future. Though the rating agency doesn’t see any immediate risk for title insurers, the contentious real estate environment and murky future of mortgage finance could lead to adverse developments.

Additionally, given declining revenues, the industry could see further consolidation, with a potential for distressed sales or even failures among smaller companies, Moody’s says. Consolidation could also add operational risks and reduce financial flexibility for companies that acquire others.

Despite the pressures, Moody’s thinks title insurers’ ratings are not likely to move downward.

“We believe our ratings are correctly positioned to reflect the cyclicality of the industry, including periods of decline,” Bauer says. “And our rated companies have the operational flexibility to shrink if needed, and the capital adequacy to meet some volatility on the loss side.”

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Consumer Financial Protection Board Proposes new HUD1

Take a look at this and tell us what you think.

disclosure_form.pdf Download this file

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Federal Reserve Board yields to the Consumer Financial Protection Bureau on proposed mortgage disclosure rules – Lexology

From Jones Day

The Federal Reserve Board (the “Board“) recently announced that it will not seek to finalize mortgage disclosure rules proposed in August 2009 and September 2010. The Board‘s decision recognizes the forthcoming transfer of Truth in Lending Act (“TILA”) and Real Estate Settlement Procedures Act (“RESPA”) rulemaking authority to the Consumer Financial Protection Bureau (“CFPB”) pursuant to the Dodd-Frank Act. Indeed, the Board considered the likelihood that CFPB would seek advance notice of proposed rulemaking on similar issues. Now that the CFPB’s launch is approximately five months away, the Board‘s move could foreshadow a rulemaking quiet period for those agencies that will lose rulemaking authority to the CFPB.    

The Proposed Rules

The proposed rules focused primarily on new, more expansive disclosures to consumers prior to assuming home-secured loan obligations. Two of the proposed rules, released contemporaneously in August 2009, expanded the required disclosures for home equity lines of credit and closed-end mortgages, respectively. The rules would have required more disclosures on “potentially risky loan features” such as adjustable interest rates, amortization, and payment schedules. The third proposed rule, released in September 2010, changed disclosures on a mortgagee’s right to rescind and the rescission procedure.

Receiving the most attention from consumer advocacy groups was the proposed rule modifying the rescission process for borrowers who did not receive mandated disclosures. The proposed rule would have required borrowers to pay their principal balance prior to rescission. This proposal would have altered current procedure in certain jurisdictions, requiring a creditor to release its security interest before the borrower is obligated to repay the loan (enabling the borrower to obtain another mortgage or negotiate a loan modification). Among the comments of the consumer advocacy groups was a request to postpone rulemaking until the CFPB’s plans for a combined TILA-RESPA disclosure rule could be considered.

In a statement released on February 1, 2011, the Board acknowledged that “a combined TILA-RESPA disclosure rule could well be proposed by the CFPB before any new disclosure requirements issued by the Board could be fully implemented.” In fact, the U.S. Treasury Department—the agency charged with establishing the CFPB—is considering advance notice of proposed rulemaking “as a means of gathering information and input, before the transfer date.” Given the timetable to promulgate disclosure rules, the Treasury may seek advance comment on this very issue.

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