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Source of Title Blog

ALTA's Principles Of Fair Conduct
by Robert Franco | 2007/09/20 |

I have been very critical of ALTA in the past, and I still am, but I will extend them some praise for their "Principles of Fair Conduct." It's not really a big step, but it is at least in the right direction. ALTA should be a guiding force for the industry that promotes the highest quality and ethical standards not only for its members, but the entire industry. I think they have gotten pretty far off that mark over the past five to ten years, but to give credit where credit is due... I like this effort.


ALTA PRINCIPLES OF FAIR CONDUCT
Preamble


The ALTA Principles of Fair Conduct represent the association’s commitment to promote behavior within the title industry that serves the needs and interests of consumers.

The Principles describe ALTA’s expectation of its Members to adhere to the highest standards of ethical behavior and the laws and regulations governing the business of title insurance.

The “Appropriate Steps to Implement the ALTA Principles” sets out specific actions that Members can take, and suggests what government can do to assist the title industry in this regard.

ALTA encourages all if its Members to pledge to support The Principles, and to incorporate them into their daily business practices.

ALTA pledges to assist its members in implementing The Principals through ongoing training on ethical standards and legal compliance.

ALTA has formed a special Committee for ongoing review of The Principles annually to ensure that they continue to address the needs and interests of the consumer public.

ALTA PRINCIPLES OF FAIR CONDUCT



  1. To engage only in business practices that are lawful and consistent with a high standard of ethical behavior.

  2. To encourage a culture of compliance within their organizations for federal and state laws that govern the title insurance business and for these Principles.

  3. To treat consumers in a fair and ethical manner.

  4. To provide consumers with timely and comprehensive information regarding their policies, services, products, and prices so as to enable consumers to shop effectively among providers of title-related services.

  5. To encourage and assist consumers to be educated purchasers of title insurance and title-related services.



While I think is a good start, it's a little bit vague and will be difficult to gauge the impact it may have, if any. What is needed is to follow this up with a more definitive Code of Ethics that really defines what ALTA means by "high standard of ethical conduct." For some reason, ALTA abandoned their Code of Ethics at some point over the years. Perhaps this a realization that some guidance is necessary.

Source of Title Blog ::


Also, Gregory Kosin, President of ALTA, made some comments regarding future plans relating to this new initiative which also deserve kudos. He stated that ALTA will seek guidance from the Department of Housing and Urban Development (HUD) on self-regulatory measures the title industry can adopt that complement HUD’s enforcement activities, and request that HUD provide timely responses to ALTA requests for guidance on certain business practices. And, that ALTA will ask Congress to amend Section 8 of the Real Estate Settlement Procedures Act (RESPA) to provide a competitors right of action for injunctive relief. This will allow members of the industry who are aware of RESPA violations to file a cause of action with the courts, which is currently not allowed under the current RESPA rules.

This is a positive sign that ALTA is aware of problems with RESPA violations and they are seeking to provide assistance to others in the industry that are affected by them. “When members of our industry engage in unlawful practices in order to gain business, they create an uneven playing field for everyone else,” said Kosin. “Many of the regulatory bodies lack adequate enforcement resources, and we believe that members of our industry are in the best position to recognize violations among their competitors.” Kudos to Mr. Kosin!

One problem I had with the press release I read, was this:
Although ALTA has no authority to enforce its Principles of Fair Conduct with its members, the association will implement a number of strategies that it believes will achieve the same result. First, it will encourage members to regularly review their business practices to ensure that they are lawful and consistent with a high standard of ethical behavior, and that members do not enter into any business arrangements with persons or entities in a position to refer business unless the arrangements are in accordance with RESPA and applicable state law.


One of the benefits of belonging to a professional organization is the boost membership gives a company's image. It shows that it cares about its profession and that it takes pride in the work it does. It demonstrates integrity. Or... at least it should.

However, the consequences of having too many members with questionable practices and ethics is that it starts to cause harm to the association and other members - especially when those are some of the largest members. How much does it really take before members decide they don't want to be associated with the organization?

Regarding enforcement... it would seem that if ALTA had a Code of Ethics, as they should, they could refuse membership to companies that refuse to abide by them. That type of enforcement would help the industry self-police its ethical policies. Granted, ALTA needs all the support it can garner to work for the common good of the industry. However, pandering to lowest common denominator also prevents ALTA from accomplishing all that it could.

I'm willing to give ALTA a little slack to see what they do next. I'd love to see ALTA take a stronger approach towards improving the integrity of the industry.

Robert A. Franco
SOURCE OF TITLE
rfranco@sourceoftitle.com



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Categories: Title Industry

1381 words | 1674 views | 2 comments | log in or register to post a comment


I agree with you Robert, that it is...
I agree with you Robert, that it is a step in the right direction and at least some what encouraging.

Guidelines are one thing but a Code of Ethics is something else. Holding their membership to a Code of Ethics is the only way that ALTA will succeed in this area and be the leader association in the industry.

Guidelines are pretty much, come on guys you really ought not do those bad things, please don't do them, pretty please.

A Code of Ethics is, this is what it takes to be a member and continue to be a member of this professional association. Don't violate it, period.

We will see if ALTA really steps up to the plate and procees to the next level with a Code of Ethics. Will they offend some of there larger members, probably, but does it say about their association when the largest members are the ones that are the most unethical?
 
by Jay Duncan | 2007/09/20 | log in or register to post a reply

Have you read the old ALTA code of ...
Have you read the old ALTA code of ethics? Ed has it posted somewhere on Title-opoly.

If I recall it's much more substantial and it had teeth. They used to have a grievance committee.

The fellows who used to run the place - pre-80s - had ethics and stood for ideals. Somewhere they lost their way and dropped the code. I have to believe its because closely held affiliated companies took over.
 
by Diane Cipa, General Manager, The Closing Specialists® | 2007/09/21 | log in or register to post a reply
Source of Title Blog

Robert A. FrancoThe focus of this blog will be on sharing my thoughts and concerns related to the small title agents and abstractors. The industry has changed dramatically over the past ten years and I believe that we are just seeing the beginning. As the evolution continues, what will become of the many small independent title professionals who have long been the cornerstone of the industry?

Robert A. Franco
SOURCE OF TITLE

 

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