Have you read the actual letter submitted by ALTA referred to in this new release? Kudos to Anne Anastasi for including the following verbiage on page 8-9 [link here http://www.regulations.gov/#!documentDetail;D=HUD-2011-0056-0218 ].
"By acting as independent third parties to the transaction, the title industry ensures that the underlying contractual obligations are executed as they are written. An important aspect of the title insurance industry that should not be overlooked is that, at the settlement or closing, title agents are the independent third party to the transaction whose only interest is to ensure the integrity of the transaction and the protection of the consumer. Title professionals handle the funds that come from the borrower and the lender and disburse them to the appropriate parties in the transaction. The industry’s function is to close the transaction equitably, honestly and in accordance with the agreed-upon instructions, and to get the funds and legal documents into the appropriate hands. Without this function, real estate and mortgage transactions are more susceptible to fraud."
This statement is interesting given the fact that Ms. Anastasi is the owner of Troon Management, a company whose primary business purpose is to create affiliated business arrangements. It begs the question, if the title company is affiiated with the lender, broker or realtor, is their "only interest" truly to ensure the integrity of the transaction? Is ALTA, through Ms. Anastasi, making a convenient argument here? Even the amicus briefs that ALTA files in these foreclosure/MERS cases are tainted by the relationship ALTA has with MERS. ALTA's "only interest" doesn't appear to be to ensure the "integrity of the transaction and the protection of the consumer." I question what ALTA's main concern is. Is ALTA the "voice of the title insurance industry"?
I agree with Ms. Anastasi's statement here, I just want to hear it from someone who actually believes it.
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