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Source of Title Blog

Parker Kennedy Pays Lip Service To Abstractors
by Robert Franco | 2007/10/17 |

Parker Kennedy, the Chairman and CEO of First American, spoke about the company at the Lehman Brothers 10th Annual Financial Services Conference. He addressed many issues, including the importance of the abstractors that search the public records.

I would say that the title -- the title search is essential to the issue of title insurance, and title insurance is essential to an efficient mortgage market.

...

Even though the government does a good job, it's hard to search the records. You've got to understand them. You've got to figure out how to summarize them. You've got to decide what's important, what can be ignored. It takes some skilled people. So the value proposition of the title search (inaudible) it's really the expertise of the people who do the search.


While it was good to see Mr. Kennedy realize how important skilled abstractors are to the process, it is obvious that First American does not embrace that concept. The company has some of the worst title search standards I have ever seen. Their search standards have been "dumbed down" to get a cheaper product and allow for title searches to be done online and overseas.

In fact, Mr. Kennedy boasts about their overseas operations.

Source of Title Blog ::



First American is a company that benefits greatly by offshore processing. Any data company benefits greatly, because you can move data to be worked on by others to anywhere in the world wherever it's most efficient. We have about 5500 people, for instance, in India alone. We have an equal number of people in the Philippines that are not employees of ours but that are dedicated to working on our products. So we're very committed to our offshore processing, and it's really been a good thing for our efficiency as a company.
...

And as I mentioned earlier, we have a lot of people in India. And it's easy to say we're going to send business to India; we're going to send functions to India. It's hard. You've got to have an infrastructure. We have a leadership infrastructure. We have over 5000 people in India. We're set up to move more and more functions to India. We do it throughout the Company. We haven't done it as fully as we can in Title Insurance. So when we say we're going to improve our margins, it's not just we hope, it's we will. We have put in motion the things that we need to do for those margins, and we'll start to see the benefits of that in fairly short order.


How many experienced abstractors could there be in India? I'm not sure you could have found anyone who even knew what a title search was in India five years ago. If you recall an article in The Economic Times, Winning The Title Bout in Style, one of the India outsourcing companies bragged about 40 days of training in the United States.

Just when Mr Kanth was wondering about the next steps, he met the president of a title company based out of Baltimore in 2003-2004. He told Mr Kanth that there was a refinance boom in the US which resulted in a huge backlog in terms of production. Incidentally, his brother M Sujay Kanth, who is now the COO of ESS, happened to be in the US to explore business opportunities. They took up this opportunity. This was their first break. They met with the title official and looked at the process. "Initially, we had no clue of what was going on and it was very hard to grasp. We took it as a challenge and Sujay got trained in their office for about 40 days after which we started the transition to my India office from 2004," the doc said.

Now, ESS has its own title insurance company in the US so it is basically involved in the entire process. But, as far as the India operations are concerned, it is handling most of the tasks other than disbursement.

The clients are primarily insurance companies, a few lenders also use the services -- a 70:30 split. The five top players in the US title industry are Fidelity National Financial, First American Title Insurance, LandAmerica Title Insurance, Stewart Title Guaranty and Old Republic Title Insurance. Most of the above-mentioned companies are in Fortune 500 league. ESS does business with two of the companies and are in a partnership with Stewart Title.


First American has lowered their title search standards, outsourced important functions to countries where English is a second language, and has even announced "automated title" products which they claim can produce the search and commitment in under 15 minutes. It takes a lot of nerve to make statements about how important skilled abstractors are after you have shown that you have very little regard for their services.

But, of course, Mr. Kennedy has to say that because if he admitted to taking short-cuts effecting the quality of the title search it would devalue their core product - title insurance. However, Mr. Kennedy is already on the record stating that "eventually title insurance won't be an important component of the product."

Here is an excerpt from the Forbes article, Inside America's Richest Insurance Racket, from November 2006:

"We get a little more automated every day," [Parker] Kennedy [,Chairman and CEO of First American,] says. "In the old days, if you wanted to double your business you had to double your people. Now you can double your business and increase your staff maybe 10%."

The tech push must continue, he says, because one day economic rationality and digital reality will catch up to the title industry. Real estate ownership records, always open to the public, are going online, alongside all sorts of other data. Today anyone can instantly learn a property's square footage, its sales price history, even view satellite photos, at virtually no cost. If records are instantly accessible and accurate, the need for title insurance will fade away. "Eventually insurance won't be an important component of the product," he allows.

So Kennedy hopes to harness digital technology to create a new business. Rather than broker one piece of information for an exorbitant cost, he hopes to collect all manner of real estate skinny and sell it to banks, insurers, real estate agents and direct marketers.


Somehow I doubt Parker Kennedy has ever done a title search. Maybe he just doesn't understand that he is talking out of both sides of his face. Those of us in the industry know how little First American really cares about skilled abstractors. When the regulators and the ratings agencies figure that out, perhaps they will take a closer look at the value (or lack thereof) of title insurance, rather than merely the cost of the premiums.

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



Rating: 

Categories: Abstractors, Title Industry

1622 words | 3225 views | 14 comments | log in or register to post a comment


The untruths spewing from the mouth...
The untruths spewing from the mouth of Kennedy are repulsive smokes screens.  
by Diane Cipa, General Manager, The Closing Specialists® | 2007/10/17 | log in or register to post a reply

I'm still waiting for someone to ad...
I'm still waiting for someone to address the privacy issues. Who enforces the privacy laws and how do these laws work oversees? See last week's posts on Radical. 
by Diane Cipa, General Manager, The Closing Specialists® | 2007/10/17 | log in or register to post a reply

"Somehow I doubt Parker Kennedy has...
"Somehow I doubt Parker Kennedy has ever done a title search. Maybe he just doesn't understand that he is talking out of both sides of his face."

That's what's so interesting about the words that come out of his mouth. He must buy his own bullshit because he spews such disparaging truths out with the lies.

He is very entertaining.
 
by Diane Cipa | 2007/10/17 | log in or register to post a reply

Next thing you know he'll start bra...
Next thing you know he'll start bragging about mining data from the credit reports and 1003s. Hey! It's all about that giant economically rational data matrix globalized direct marketing whatevertheheck you want to call it virtual enterprise, ain't it? It's the Holy Grail and he's got it. Ain't nobody gonna hold dat body-O-data down.

He's just starting to accumulate armies of data crunchers. They'll be crunch munching the wide world over till there's no place to hide.

This is where privacy meets it's greatest foe. Privacy advocates would do well to watch the title industry very closely. There's a lot more than going on in those servicers than you'd like to know.
 
by Diane Cipa | 2007/10/17 | log in or register to post a reply

Perhaps all of this off-shore proce...
Perhaps all of this off-shore processing is spurring the new legislative efforts to redact social security numbers and other private information from public records. I wonder what other unintended consequences will arise from this seemingly rabid pursuit of the almighty market share.
 
by Janice | 2007/10/17 | log in or register to post a reply

Don't sugarcoat it, DC...how do you...
Don't sugarcoat it, DC...how do you REALLY feel?

All kidding aside, you might want to check out David Bloys' online newsletter, News For Public Officials (http://www.davickservices.com/News%20for%20County%20Officials.htm). David is a privacy advocate who has been on the leading edge of the issue of online public records for some time now. His newsletter is highly recommended reading.
 
by Scott Perry | 2007/10/18 | log in or register to post a reply

Janice: The most interesting devel...
Janice: The most interesting development in the mutated title insurance world is that the title companies have positioned themselves as the providers of credit reports and a whole host of other services. They have invested in technology and own the platform for multiple listing services, tax services, appraisals, credit reports, closings, lender quality control - you name it, they have a piece.

Each time a tiny piece of a transaction goes through their hands they glean all the data about the property and the person and put it into their giant data matrix.

Title companies receive from the lender not only the borrower's social security number but also their employment history, income, bank accounts, assets, and liabilities. All of this info comes with account numbers. We have NO reason to believe that they are not compiling this data with the intent to sell it for direct marketing or other purposes.

So, the bottom line is that the information WILL be available for a price even if it's not on the public record.

Two things are really disturbing with this development. The first is that even though some of the information is public, I don't believe it is in the public interest to have it all available at the push of a button.

And secondly, this type of data matrix with intimate data compiled about each piece of real estate and person violates any expectation of normal privacy.

Many people do not cruise the internet or make purchases on the internet because they value their privacy. I think people like that should know that even by getting a home equity loan or purchasing a piece of real estate, their personal data is being culled for sale to direct marketers by these title companies.

For those who think privacy laws will prevail, I ask you to think about the pattern we have seen thus far. These big title companies have paid enormous fines because they chose to ignore laws. A law that stands in the way of their business plan can be ignored so long as the penalties are less than the reward. That's a dangerous business philosophy, especially when someone like Parker Kennedy has so publicly announced that his intentions to sell data for a price. [See FORBES article.]

So I ask the question yet again. How are privacy laws enforced and do they apply if the data is compiled overseas?
 
by Diane Cipa | 2007/10/18 | log in or register to post a reply

And what will happen when one day, ...
And what will happen when one day, PK's identity is the one that's compromised??? 
by Shelley | 2007/10/18 | log in or register to post a reply

LOL Scot. Will do.....;)
LOL Scot. Will do.....;)

 
by Diane Cipa, General Manager, The Closing Specialists® | 2007/10/18 | log in or register to post a reply

P.S. I meant "servers".....just not...
P.S. I meant "servers".....just noticed typo......YOI. 
by Diane Cipa, General Manager, The Closing Specialists® | 2007/10/18 | log in or register to post a reply

Yes, Diane, the evolution of this t...
Yes, Diane, the evolution of this thing is disturbing. There is some movement in the Ohio legislature towards new laws that would require county recorders to "scrub" all recorded documents for private information before recording. The problem is that the law might not grandfather those documents already filed. It would cause a virtual shut down of county recorder's offices so that they could review and redact private information.
Cha-ching for those huge conglomerates who own their own title plants. They now become the sole source of real estate records for a period of time. I would really like a representative of First American to respond about why off-shoring and selling data is good not only for our economy, but good for American citizens whose information is being sold without their knowledge or consent. It may technically be "public information", but I agree with you that compiling it and selling it violates the average citizen's reasonable expectation of privacy. And you are spot on with your observation that these big companies would rather pay huge sums for legal violations as opposed to modifying their business practices, so long as the bottom line is still profitable.

I'm all for "a little less conversation, a little more action" to combat this, but what can we do?
 
by Janice | 2007/10/18 | log in or register to post a reply

Freedom of speech is a beautiful th...
Freedom of speech is a beautiful thing. We need to voice our concerns publicly and loudly and persevere with relentlessness. 
by Diane Cipa, General Manager, The Closing Specialists® | 2007/10/19 | log in or register to post a reply

I agree with the comments from the ...
I agree with the comments from the bloggers in reference to Kennedy.

As the owner of a document conversion company, I too find it amazing that companies like First American and LandAmerica are using offshore companies. Both companies use the word "America" in their name, but this "America" doesn't mean much. Another concern I have is with LandAmerica sending out thier customers closed file information to India to be indexed. This means, our S.S> #'s and confidential privacy information is going to a third world country. Talk about speaking from both ends.
 
by Troy Griffin | 2007/10/22 | log in or register to post a reply

if first american and land america ...
if first american and land america are doing business with the foreign people maybe they should be made to move over there as
they don't seem to care about the
american people who do the title work
here in AMERICA! I SAY THAT THEY SHOULD T
BE MADE TO TAKE THEIR TRAITOR ATTITUDE
OVER TO INDIA WHERE THEY ARE SENDING
THE TITLE WORK TO BE DONE!
 
by charles jetter/cfj enterprises llc | 2007/10/22 | 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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