Last week's title-insurance scandal is a reminder of how little
consumers understand the complicated homebuying process and how
much they blindly trust that real estate professionals are working
in their interest.
Brian Bowles, 32, house shopping in Denver's Stapleton neighborhood,
expressed the frustration many people experience. "It feels like
you are a hostage," he said, walking out of a model home with what
he thought was an attractive base price.
Bowles felt deceived: The home featured amenities that boosted
its price by tens of thousands of dollars. He said the process made
him worry even more about the stacks of paperwork he'll have to
sign when he finally makes a purchase.
"It all makes you wonder if you are getting a good deal," he said.
For years, consumer advocacy groups have pushed to make homebuying
easier for everyone to understand.
The Consumer Federation of America in Washington, D.C., last year
supported proposed changes to federal laws that would have encouraged
real estate brokerages to bundle all closing costs and fees, offering
consumers a single, guaranteed price for mortgage loans, title insurance,
credit reports, document preparation and other items.
However, the U.S. Department of Housing and Urban Development
withdrew the proposal after industry and consumer groups and legislators
said they didn't have enough time to comment on it. HUD officials
have said similar reforms still may be offered.
"Clearly, real estate closings and the prices of different services
are a bewildering experience for any homebuyer," said Allen Fishbein,
the federation's director of housing and credit policy. "It can
really be a daunting task."
Many buyers let other parties that figure into a sale - usually
brokers and builders - dictate the professionals who will perform
various services required for the transaction.
Permissive buyers also let their brokers steer them to particular
appraisers and lenders with little regard for how those companies
benefit from their close relationships.
Builders are increasingly cornering customers by offering big
incentives only to those who agree to use the company's mortgage
and title operations.
"Convenience and laziness have a price," said Thomas Lys, a
real estate economics professor at Northwestern University.
"Get a car loan through a dealership, and it will cost you quite
a bit more. Let other people do all your thinking about a home's
sale for you, and that will cost you more, too."
A lot of buyers don't know what title insurance is, much less
who is selling it to them.
Title insurance gained nationwide attention last week when Colorado
regulators revealed that certain title companies had given kickbacks
to builders, brokers and lenders in violation of federal and state
laws.
Under the scheme, some builders created separate but affiliated
reinsurance companies that paid no claims but shared premiums with
certain title companies.
That amounted to a big discount on title insurance not available
to consumers.
Colorado insurance investigators were the first in the nation
to address the scam. They negotiated a $24 million national settlement
with the country's largest title insurer, Santa Ana, Calif.-based
First American Title.
Insurance regulators in 10 other states quickly announced the
start of their own investigations.
Despite officials' desire to protect consumers, most people could
help themselves, Iowa lawyer and lobbyist Jim Carney said.
A critic of the complexity of homebuying, Carney despised one
part of the process in particular: the private purchase of title
insurance.
Title companies check public records to make sure properties are
free of liens, property disputes and deed restrictions that could
affect ownership or negatively affect a property's value.
Carney, joined by consumer groups and the Iowa State Bar Association,
championed the abolition of private title insurance in the state.
He and others thought it was too expensive compared with the benefits.
Iowa replaced the insurance with guarantees sold by the nation's
only state-operated land title agency.
Though critics say the agency is less efficient than private firms,
Iowa charges a fraction of the prices commanded in other states.
Iowa consumers pay $515 for a title policy on a $150,000 home
compared with Colorado's average of $907 and the national average
of $772, Carney said.
Indeed, the industry's ability to support the kickbacks suggests
its profits far exceed the value of its services, Colorado insurance
officials said last week.
They are investigating whether rates are too high.
Title insurance differs from all other forms of insurance in that
it examines the past rather than predicts the future.
Most of the money paid for title policies goes for title searches,
operations and, ultimately, profit. Only 4 percent actually pays
for claims, according to Demotech Inc., a Columbus, Ohio, financial
analysis and actuarial services firm.
If the government steps in to lower title insurance rates - an
idea officials in some states have floated - consumers will lose
choices, some title experts said.
"The little guy will get squeezed because he won't have the volume
(of business) coming in to offset the drop in rates," said Geoff
Dunn, an analyst for Keefe, Bruyette & Woods in Connecticut. "I
don't see how regulation of that nature promotes a free market."
Rather than worry about the peculiarities of market dynamics,
consumers would be smart to ask plenty of questions and to do their
own comparative shopping to determine whether professional referrals
really are giving them the best deals, said Lys, the Northwestern
economist.
In fact, he added, consumers would be smart to question why they
need some real estate services at all - particularly in an age where
home listings are widely available on the Internet
"I realize that, for most people, (a house) is the single largest
purchase they make and that they like to have someone just to talk
to because they are so nervous," Lys said. "But it is my belief
that real estate agents serve a psychological function more than
an economic function."
Staff writer Will Shanley contributed to this report.