PAGE 1 Insights For Agents of Fidelity National Title Group Vol. 6, Issue 2, April 2015 The Latest News and Articles for Our Agency Network FORUM DISCUSSES GROWING AND CHANGING WITH THE CFPB Presentations Educate Agency Staff on Resources, Strategies for Our Agents IN THIS ISSUE > PAGE 2 Important HA&W ComplianceSuccess® Program Survey for Agents PAGE 3 Four Key Ways ALTA Works for You PAGE 4 Agency Technology News: Software Enhancements With Agents in Mind PAGE 5 Model Title Company Collaborative: A Closer Look at the Business Metrics Module PAGE 7 Tip of the Hat: Applauding Agents Who Successfully Handle Claims by Erika Meinhardt, President, National Agency Operations, FNTG T he FNTG National Agency staff’s annual forum took place in Jacksonville, Fla., joining together our agency employees from across the country for an opportunity to interact and learn about new services and resources that can benefit you, our valued agents. Our agency representatives will be reaching out to you over the coming weeks to share what they’ve learned about these exciting new offerings for you. Our agency team is here for you, and our goal is to assist you in preparing for the upcoming changes our industry will face with the Aug. 1 implementation of the CFPB’s Integrated Mortgage Disclosure rule. Many of our agency forum presentations focused on CFPB readiness and communication. Time was spent educating our staff on the anticipated changes, what to expect, how to prepare, and how to develop strategies for communicating with you and your lenders, customers and real estate agents. We have developed a wide variety of information and materials to educate and continued on page 2 PAGE 8 Recruiting for the Future: Our Industry’s Critical Imperative PAGE 9 Security Compliance Associates: Your Resource for Attaining Data Security Certification PAGE 10 Agents Share Their Perspectives on Security Compliance Associates and Data Security Certification PAGE 11 RealEC® Develops Closing Insight™ to Help Agents With New Mortgage Closing Disclosure Rule PAGE 12 Fraud Alert: Do Everything Right www.nationalagency.fntg.com © 2015 Fidelity National Financial Shown from left at FNTG’s National Agency Forum: Kevin Gugenheim, EVP, Corporate Operations and Strategy, FNTG; Randy Quirk, CEO, FNF and FNTG; Michelle Korsmo, CEO, American Land Title Association; and Erika Meinhardt, President, National Agency Operations, FNTG. Send your submissions to John Obzud, EVP, National Agency Operations, at 877.947.5483 or [email protected]. AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 PAGE 2 FORUM HIGHLIGHTS continued from page 1 train your staff and customers. Our National Agency website (www.nationalagency.fntg. com) offers two sections under the Training tab that are dedicated to CFPB-related resources: CFPB Updates — for FNTG Agents (password-protected) and CFPB Updates — Know Before You Close. Also under the National Agency website’s Training tab is our Best Practices Portfolio Builder, Model Title Company Collaborative (see page 5 to learn about the Business Metrics Module) and training presentations covering escrow accounts, settlement/closings and title-related topics. Additionally, our Best Practices web page provides a useful explanation on each Best Practice and indicates which FNTG preferred service providers can assist you with each Best Practice pillar: www.fntg.com/ bestpractices. In addition to these webbased resources, your local agency representative will be sharing key CFPB communications with you on a regular basis. If you have specific questions, please reach out, as I am confident that they can guide you to the appropriate resource or answer your questions. Discussions at our meeting also centered on industryrelated technology initiatives. (To learn more about FNTG’s agent-focused software enhancements, see page 4.) Panel participants prepare to discuss the topic “CFPB: We’re all in This Together.” From left: Panel Moderator Kevin Gugenheim, EVP, Corporate Operations and Strategy, FNTG; with participants Kelly Langdon, Bank of America, Strategy & Initiatives, Title Strategy & NTP; Gerardo Caceras, RealEC, Client Delivery & Regulatory Strategy Executive; Patrick Hempen, SoftPro, VP of Sales; and Carolyn Dodge, Ameris Bank, SVP, Compliance Officer. We spent a good deal of time learning about RealEC®’s Closing Insight™ software, a technology solution that will provide integration with major title and settlement production software platforms. A number of lenders have already made the decision to rely on this important tool to ensure compliance with current CFPB requirements. RealEC has developed a process that will allow all settlement agents — regardless of their platform — to be pre- registered, trained and activated for use on Closing Insight in advance of the Aug. 1 implementation date. (See page 11 to learn more.) During the forum, employees had the opportunity to attend a solutions provider expo highlighting the many new products and services available from FNTG’s preferred service providers. If you haven’t already, you’ll be hearing about these soon from your agency representative. (See pages 9 – 10 for our vendor spotlight on Security Compliance Associates and for insight from two agents who have used SCA’s services.) In an effort to learn as much as we could about lender expectations of third-party providers, we held a panel discussion about the CFPB changes moderated by Kevin Gugenheim, EVP, Corporate Operations and Strategy, FNTG; and featuring Kelly Langdon, Bank of Ameri- ca; Gerardo Caceras, RealEC; Patrick Hempen, SoftPro; and Carolyn Dodge, Ameris Bank. Staff also heard from Michelle Korsmo, CEO of ALTA, about the many resources and opportunities available to ALTA members. (See page 3 for highlights from her presentation.) The forum was the perfect opportunity to update and educate our agency team so that they in turn can do the same for you. We’re excited to share all that’s new and to help you put to use the available information and resources to prepare yourself, your agency and your customers for the changes our industry will face in the coming months. ~ HA&W COMPLIANCESUCCESS® PROGRAM SURVEY FOR AGENTS Habif, Arogeti & Wynne, LLP (HA&W) is part of FNTG’s preferred The survey takes less than five minutes and can be found at: www.research.net/r/GXX3MBH. Please complete this survey service provider program. HA&W’s ComplianceSuccess® by Wednesday, April 22. Program is conducting its second annual national survey to examine the attitudes and perceptions of title agents Your answers will remain strictly confidential to the extent and settlement firms around CFPB regulations, lender provided by law. All results will be at the aggregate level. requirements and ALTA Best Practice compliance. The If you have questions about the survey, contact Kayla Payne, survey looks to understand the methods these companies marketing associate at HA&W, at kayla. are using to become compliant, and where they are in the [email protected] or 770.353.5345. compliance process relative to their industry peers. To learn more about HA&W’s ComplianceSuccess Program, visit For your participation, you will receive a complimentary www.compliancesuccess.com. analysis report of the survey findings. AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 PAGE 3 FOUR KEY WAYS ALTA WORKS FOR YOU by Michelle Korsmo, CEO, American Land Title Association A s we look at 2015 and beyond, we can divide what we know and don’t know about the future of our industry into three basic categories: • The known knowns — The new Integrated Mortgage Disclosures will take effect on Aug. 1, 2015, creating significant change to the real estate financing business process that will affect lenders, real estate agents, settlement companies and consumers. • The known unknowns — We also know that much of the Mortgage Disclosure rule is up for interpretation, and that enforcement fear is paralyzing for creditors. It’s also likely that the Closing Disclosure forms will be interpreted as being “wrong” from a local practice and customs perspective. • The unknown unknowns — Probably the biggest question on everyone’s mind is: “What will happen to our industry?” What will the market look like leading up to Aug. 1, and how will the market change then and throughout the balance of 2015? Based on what we know and don’t know, the best advice I can offer each of you is to be prepared. And while there are many unknowns, the good news is that ALTA offers its members four valuable resources. 1. ADVOCACY ALTA represents its members on a national and state level by working closely with members of Congress, state legislatures and regulators on issues that affect the title industry. Current top priorities for ALTA include: • Congressional oversight of the CFPB’s Integrated Mortgage Disclosures • CFPB reform • GSE reform • Oversight of the Federal Housing Administration • Tax code reform • Interaction with the National Association of Insurance Commissioners (NAIC) To learn how you can get involved with ALTA’s Title Insurance Political Action Committee, Title Action Network and Policymaker Liaison initiative, see the information box below. 2. EDUCATION AND TRAINING ALTA offers a variety of conferences, forums and online training to its members. Highlights include: • Federal Conference and Lobby Day, May 18 – 20: meetings.alta.org/federal/. • RESPA/TILA Integration Forum, April 16. The forum is sold out, but click here for livestream options. • ALTA Annual Convention, Oct. 7 – 10: meetings.alta. org/annual/. • RESPA/TILA Integrated Disclosure DVD training for owners, managers and employees: www.alta.org/lti/tridtraining. • ALTA’s Land Title Institute provides expanded CE/CLE offerings, the ability to learn from home and Title 101 and 102 courses: www.alta.org/lti. • We also offer the prestigious National Title Professional (NTP) designation, which was created to recognize the professionalism, knowledge and dedication of its designees. In 2014, 38 individuals were awarded the NTP designation. To learn more, visit www.alta/ org/ntp. 3. BEST PRACTICES ALTA created its Title Insurance and Settlement Company Best Practices to help members highlight policies and procedures that the industry created to protect lenders and consumers, while ensuring a positive and compliant real estate settlement experience. The Best Practices have garnered support from lenders including Wells Fargo. To learn more, visit www.alta.org/ bestpractices. ALTA also offers Assessment Readiness Guides for each Best Practice pillar and a Policies and Procedures Creation Guide that can assist your agency in drafting documentation that fits your company’s specific needs and practices. Another valuable program is ALTA’s Elite Provider program, which is composed of premier service providers committed to offering comprehensive benefits to the title insurance and settlement services industry: www.alta.org/elite. Other useful tools include: • Universal ALTA ID: www.alta.org/universalid. This tool helps lenders and vendors identify settlement agents across industry databases. We encourage agents to update their company records and learn their Universal IDs so that their information will be available and accessible through this system. • ALTA Policy Forms: www.alta.org/forms. These policy forms are considered the “gold standard,” and the license to use the forms is provided free to ALTA members. Because coverage in the forms is standardized, the secondary market readily accepts mortgages that carry title insurance uscontinued on page 6 FOR MORE INFORMATION ABOUT ALTA > • Membership: To take advantage of ALTA’s many resources and benefits, become a member. Click here for membership information. If you are already a member, consider lending your expertise to these ALTA committees and networks: • The Title Insurance Political Action Committee is a voluntary, nonpartisan PAC of the American Land Title Association. One-hundred percent of your contribution to TIPAC helps elect and re-elect candidates who support our industry and understand our issues. The 2015 goal is: $475,000. To learn more, contact Jessica McEwen at [email protected]. • The Title Action Network currently has nearly 10,700 members, and joining is quick and easy. TAN is focused on ensuring state and federal legislators who understand the value of the land title industry. Join at www.titleactionnetwork.com, and “Like” TAN on Facebook AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 at www.facebook.com/ titleactionnetwork. • Congressional liaisons are needed. If you are a professional whose goal is to educate members of Congress about the importance of our industry, consider getting involved with ALTA’s Policymaker Liaison initiative. To learn more, contact Awesta Sarkash at [email protected]. PAGE 4 AGENCY TECHNOLOGY NEWS: SOFTWARE ENHANCEMENTS WITH AGENTS IN MIND F NTG is dedicated to providing efficient and effective technology products exclusively for our network of agents. The products are continually being enhanced to meet your changing needs. Read on to learn more about these products, the latest enhancements and upcoming plans for the remainder of the year from Tara Asquith, National Agency Project Manager. AGENTTRAX agentTRAX provides a centralized location for FNTG agents to issue closing protection letters and generate good-standing letters (letterTRAX) and to create policy jackets (jacketTRAX) and other agency support documentation. The Auto Reporting feature reports premiums due for issued policies without having to create separate remittance reports, while E-Pay allows for the electronic payment of the reported premiums due. Activity reports are also available to assist in tracking/reconciling accounts receivable balances for title premiums. The National Agency technology team is in the process of fully transitioning off of the agentTRAX website and onto the National Agency website, which will simplify how agents access information. Look for more detail about this in future issues of the newsletter. Here are updates on some of the related products: • jacketTRAX — Jacket inte- grations have been expanded beyond SoftPro, TitleExpress and LandTech to also include RamQuest, E-Closing and ResWare. As a result, agents can generate jackets directly through these applications, which eliminates rekeying data and the need to go to the agentTRAX website. Upcoming initiatives include enhancing the functionality of jacketTRAX. Agents will learn more about this in the coming months. • letterTRAX — letterTRAX offers a friendly and intuitive environment to create letters. Features include the ability to organize documents by file number, generate multiple letters, edit, void, view document history and share documents among those with matching access. Most recently, the CPL functionality of letterTRAX has been integrated with these third-party software applications: SoftPro, RamQuest, LandTech, ResWare and TitleWave. • reportTRAX — Released in March, reportTRAX has a new user interface that provides agents with information for all activity within jacketTRAX and letterTRAX. The interface provides descriptions of each report and an easy-to-use design. reportTRAX is intuitive and flexible for the changing needs of our agents. The new interface has been enhanced to consolidate the previously existing multiple reports by offering more sort and filter options. • E-Pay — E-Pay is an exciting new product released last month that enables agents to transmit electronic payments for policy premiums. The simple, clean design expedites the agent’s payment process and provides the history at a “We’re very excited to share our latest enhancements with agents, and we will continue to move forward with technology initiatives that can help our agents work more efficiently and effectively.” glance. There are just three steps with E-Pay: 1) select one or many accounts to pay; 2) enter the desired payment amounts; and 3) submit the transaction. Upon submission, agents will receive an email confirmation of the payment containing their confirmation number. No more checks to cut! A separate account enabled for Automated Clearing House payments is required. • For more information: To learn more about agentTRAX and related products and services, contact your agency representative or visit www.agenttrax.com/Menu/ Main/Login.aspx. TITLEWAVE FNTG’s TitleWaveTM software was created to facilitate the production of title searches for our agents. The software enables agents to order, track and receive title search products; create commitments and policies online; transfer data into third-party software packages; and monitor order progress. TitleWave is available 24/7 via the Internet. • Availability: The software is currently offered in the following states: CT, DE, FL, GA, IN, KY, MD, MI, MN, MS, NJ, NY (downstate), OH, PA, RI, TN, TX, VA, WV and WI. Additionally, data can be transferred between TitleWave and these software applications: AccuTitle, Closers’ Choice, DisplaySoft, DoubleTime, LandTech, QuickTitle, RamQuest, ResWare, SoftPro (all versions), AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 — Randy Tara Asquith — Quirk Streamline, TitleExpress, TitleSoft, TurboTitle and WinTitle. • Latest enhancements: Complete integration is now available between TitleWave and SoftPro, enabling full automation between the two products. And just last month, TitleWave became available in the state of Georgia. • For more information: If you have questions about TitleWave, contact your agency rep, or connect with TitleWave Support via email at [email protected] or by calling 866.472.4845. FOCUS FOR THE REMAINDER OF THE YEAR According to Tara, the focus for the remainder of this year is on enhancing the jacketTRAX functionality and fully transitioning off of the agentTRAX website and onto the National Agency website. “This last change with the jackets generation functionality will allow us to completely decommission our legacy systems and provide a better platform to deliver enhancements and new functionality more quickly to meet changes in the market,” said Tara. “We’re very excited to share our latest enhancements with agents, and we will continue to move forward with technology initiatives that can help our agents work more efficiently and effectively.” ~ PAGE 5 MODEL TITLE COMPANY COLLABORATIVE: A CLOSER LOOK AT THE BUSINESS METRICS MODULE by Ethan Powsner, Esq., VP and Director of Compliance, Technology & Market Development, FNTG Midwest Agency Department T he Model Title Company Collaborative is a comprehensive set of business tools for your agency. The modules discuss business metrics, escrow account controls, operational controls, title production controls, and sales and business development. The MTCC was developed by FNTG VP and Division 5 Regional Manager Robert Wineman over several years and is revised annually. What makes these materials unique is that they were compiled based on an analysis of both independent agent and national underwriter operations and procedures, as well as financial measurements. In this article, we will focus on how the Business Metrics, Financial Reports and Management Process Module can help you. For a real-world example, we interviewed Robert Wuerfel, President of Lighthouse Title Inc., a Michigan title agency with more than 30 offices. The Business Metrics Module arose out of the need for title agents to have access to industry-specific information relating to financial performance, productivity, sales and customer-oriented efforts, and operational controls. Other unique features include the module’s practical spreadsheet tools and the ability to consult with someone who is not one of your competitors. Underpinning the content of the module itself, these bedrock principles are equally important: 1.the ability to generate and communicate relevant measurements of goods (such as title policies) and services (such as closings) produced by an agency; 2.having a well-established monthly management reporting process; and 3.the existence of an agency/ employer/employee culture that is congruent with the goals of the agency. How do these principles work in the marketplace? Below are excerpts of an interview with Bob Wuerfel, President of Lighthouse Title. EP: Bob, how long you been in the title business? BW: My title career began in 1988 when I joined The Title Office Inc.’s management training program in Michigan. After a few years, I went to work for Metropolitan Title, another large multi-office Michigan agency. In 2001, I formed a title agency with a local Property and Casualty (P&C) insurance agency. One of the concepts was that the two businesses could share the overhead costs of offices and generate some cross-selling business opportunities. EP: How did you become acquainted with and start Bob Wuerfel serves as President of Lighthouse Title Inc. He has been in the land title industry for 27 years and served as the 2013 – 2014 President of the Michigan Land Title Association (MLTA); earned the MLTA Robert Jay award for outstanding industry leadership; and is a past recipient of the West Michigan Business Direct Weekly (BDW) 40 Under 40 award. using the Business Metrics Module? BW: In 2007 and 2008, business was slowing down considerably. While I was familiar with P&C business metrics from working with my partners, I didn’t really have a clear idea of title industry metrics other than what I had learned from working at the two prior agencies. Rob Wineman offered our agency the opportunity to see how the Business Metrics Module could assist us in financially weathering what looked to be a bad storm. EP: What were the first steps you took, and how did it go? BW: We started by creating a monthly scorecard and dashboards so that our branch managers could see how they were doing each month. Initially, we had them typing data into a spreadsheet, and then we would meet each month to discuss their office results. EP: What did you learn from this process? BW: We learned a number of things. Initially, there was a fair amount of resistance, but soon after, about 80 percent of the managers accepted the concept while 20 percent did not. Implementing a process like this weeds out employees who may be better at closing or title work than at managing. Over time, a friendly competition developed. In particular, no one wanted to be at the bottom, and all the metrics started improving. The second thing we discovered was that the system allowed us to remove a lot of emotion from the process of trying to fix an continued on page 6 FOR MORE INFORMATION > To learn more, visit FNTG’s National Agency website at www.nationalagency.fntg.com. Click on the Training tab from the top menu bar and select Model Title Company Collaborative. To link to materials pertaining to the Business Metrics Module discussed in this article, select Business, Financial Reports and Management Process. If you have additional questions, please contact your agency representative. Much of the National Agency website content is password-protected and available only to our FNTG agents and staff. If you haven’t registered to use the site, please take a minute to do so by visiting www.nationalagency.fntg.com and selecting the Login tab at the top right. Then select Registration and follow the easy steps to complete the process. AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 PAGE 6 FOUR KEY WAYS ALTA WORKS FOR YOU continued from page 3 ing them. • Title Insurance Education Kit: www.alta.org/ekit. This content is exclusive to members and assists them in their efforts to educate consumers, real estate agents, lenders, the media and others about the value of title insurance. 4. NEWS AND INFORMATION ALTA also provides a variety of printed and online communication tools: • TitleNews: monthly print magazine, also available in digital format. • TitleNews Online: emailed every Tuesday and Thursday. • Daily morning email: compilation of top headlines from around the country. • ALTA blog: visit blog.alta.org to subscribe. MODEL TITLE COMPANY COLLABORATIVE continued from page 5 underperforming office. The numbers clearly showed whether or not business was picking up or decreasing, and it became hard for managers to rely on statements such as, “I don’t know, Bob, we’re really busy. Look how hard we are working.” While the emotional issues were not eliminated — particularly if underperforming staff members had to be dealt with or staff reductions were necessary — we eventually got to the point where our discussions about the offices were based on facts. • Title Topics: free monthly hour-long webinars on industry topics. • Social media: twitter.com/ altaonline; facebook.com/ altaonline; linkedin.com (search for the group American Land Title Association); pinterest.com/ altaonline; and youtube. com/altavideos. • Industry financial data: alta.org/industry/financial.cfm. We also encourage agents to create an effective message research campaign that can educate consumers about title insurance and the work performed. Key messages include phrases such as: “protects your financial investment for as long as you own your home” and “one-time fee.” Here is a list of the things you SHOULD include in your message: • DO provide more information to professionals (lenders, real estate agents and attorneys). EP: How have things evolved over time? BW: Within our first year, we had increased profits by more than $70,000 vs. the prior year, because we could better determine where we needed to make corrections. We now have our accounting department prepare all of the reports for the managers to review and discuss. This saved a lot of time on the managers’ part, freeing up time to work with customers. We also have decided that since we are not publicly traded, we can let our labor expense ratios rise during the slow months. We do not have large metropolitan populations to recruit staff from, so we prefer to keep experienced staff on board, with some temporary pay reductions as necessary. With our use of the Business Metrics Module, • DO help people understand that title insurance protects from defects that could come up (cite examples: fraud, missing heirs, unfiled liens, etc.). • DO educate about how extensive the search is and that there’s much more to it than unearthing what can be found online. • DO provide examples of how title insurance has protected consumers. • DO use plain language about protection, peace of mind and confidence for homeowners. A LOOK TOWARD 2016: ELECTION YEAR With an election year approaching, we also should consider how the political outcome will affect our industry. Here are three interesting numbers to ponder: 242, 102 and 105. • In five of the last five elections, 19 states with a total of 242 electoral votes have gone Democratic. • Thirteen states with 102 electoral votes have gone Republican. • There are only nine states with 105 electoral votes that have swung at least once in the last five elections between the parties. • The 2016 Democratic nominee, with near certainty, will start the election with 242 of the 270 electoral votes necessary to win the White House. ~ “You need to be a leader or owner who is flexible enough to know that you don’t have all the answers. There is no reason not to collaborate with an underwriter that can give you great tools. ... With these materials, you will clearly be able to make more enlightened decisions.” this decision is made consciously by us. EP: What would you recommend to an agent considering using the Business Metrics Module? BW: You need to be a leader or owner who is flexible enough to know that you don’t have all the answers. There is no reason not to collaborate with an underwriter that can give you great tools. Our industry is as fluid as ever — with all the AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 changes to forms, vetting and best practices — and it is a dicey proposition to think that you have it all figured out. After becoming familiar with these materials, you can set your own benchmarks and decide what works with your own operation and management goals. With these materials, you will clearly be able to make more enlightened decisions. ~ PAGE 7 TIP OF THE HAT: APPLAUDING AGENTS WHO SUCCESSFULLY HANDLE CLAIMS WE TIP OUR HATS TO ... Laurel Buckman and Millard Rubenstein, Resource Real Estate Services, LLC. by Daryl Gottlieb, AVP and Claims Counsel, FNF “well-oiled machine” refers to a project or company operating smoothly, in accord with its proper design and intended functionality. Part of being a well-oiled machine, however, is how the machine selfcorrects when something occurs that is outside of normal operation. Perhaps a better working analogy for a title agency would be that of a sailing vessel. While most ships steer true when the winds are smooth and the sea easily navigable, a ship and its crew are more accurately defined by how they withstand a long voyage and how they respond to choppy seas and storms, rather than how they operate under optimal conditions. In this issue of Agency Insights, we spotlight Resource Real Estate Services, LLC (RRES), which, although a large company and an FNTG national agent, is still concerned enough about the seaworthiness of its ship to tend to cracked fittings. Headquartered in Maryland, but serving all 50 states, RRES offers title and closing services, along with other lines of business including flood certifications, home inspections and surveys. RRES’ self-proclaimed mission is to “provide its clients with the widest array of highquality services in the industry,” and it is precisely this dedication to high quality that caused Attorney Charissa McIntosh, an officer serving with the Claims Department’s Mid-Atlantic Region, to bring A Laurel Buckman RRES to my attention. In January of 2014, a claim was submitted by an insured lender arising out of a reverse mortgage transaction wherein the insured lender’s mortgage contained a legal description error. Specifically, the mortgage mistakenly encumbered a lot formerly owned by the borrowers, rather than the intended property, which was the subject of the insured transaction. Laurel Buckman, Director of Licensing and Compliance with RRES and a 24-year title veteran, worked to obtain the modification documents from the insured lender; obtained the necessary approval for the modification from the U.S. Department of Housing and Urban Development; contacted the surviving borrower; scheduled a mobile notary appointment for the borrower; and recorded the curative documents. Because of Laurel’s efforts, FNF incurred neither loss nor expense arising from this claim. In fact, within one month of the date when Laurel was first notified of the claim, she had obtained all of the necessary curative documents and had transmitted them for recording in the public records. RRES was founded in 1998 by its current president, Millard Rubenstein, who has Millard Rubenstein been in the title industry long ees at RRES, we tip our hats enough to fondly recall the to you! The claims process is use of typewriters, carbon an unfortunate reality of the paper and four-document business, and you respondsettlement transactions. ed superbly. For any agent Millard formerly served as reading this, if you’ve not yet an assistant attorney genreceived notice of a claim eral and has been a frequent arising out of a policy issued lecturer to attorneys and title by your office, congratulaindustry professionals on tions, but the probability is real estate and compliance that you will at some point in issues. When I informed him your career. After all, without of Laurel’s efforts on this the possibility of a claim, why particular claim, he respondwould title insurance exist? ed, “This was soooo typical Rely on Laurel’s example, of how she handles claims.” and be proactive when a It’s employees such as Lauclaim is filed. Respond dilirel and agents like RRES, gently to the assigned claims which contribute to the conattorney or administrator; tinued vitality of both FNF ask how you can help move and the greater real estate along the process; and proindustry. There are plenty of vide any and all information organizations which grow and documents you can relaso large that they neglect tive to the transaction. And, the “small” matters chipping who knows, we may spotlight away at their hull that have you in the company’s next the potential to ultimately Tip of the Hat! ~ corrode and decay the core of the institution. The work of Laurel and SUBMISSIONS WELCOME> Millard should be Has your agency successfully applauded. Instead handled a challenging claims of relegating the situation? If so, please let us claims process to the bottom of their know about it. Contact Daryl priority list, Laurel Gottlieb, AVP and Claims Counsel, personally oversaw FNF, at [email protected] the curative work or 904.854.8765. You might be necessary to right featured in an upcoming issue of the ship. the newsletter. To Millard, Laurel and all the employ- AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 PAGE 8 RECRUITING FOR THE FUTURE: OUR INDUSTRY’S CRITICAL IMPERATIVE Create your plan, define your goals and determine your strategy. Being clear on the skills and traits you want will help you from being blinded by a savvy candidate. Recruit with your company’s values at the forefront, and don’t budge for a revenue play. Examples of strategy could be focusing on retention, growth with millennials, promising assistants who are stunted where they are, etc. Defining a strategy helps you focus on one or two things, and prevents you from diluting your efforts. 1 by Dr. Cynthia McGovern, Orange Leaf Consulting S it in any room, at any of our established clients, and go around the table asking each person how long they have been in the industry. It’s impressive. This kind of tenure is awesome, but what is going to happen when we all retire? We aren’t the only industry facing an aging workforce, but ask yourself this, “What am I or my organization doing to attract, train, develop and retain tomorrow’s super stars?” How will we sustain our industry when the baby boomers retire? What are we doing to attract the younger generations to our industry? How will we mentor and develop the future leaders of tomorrow who already work for us, and how do we compete for talent when our industry is a wellkept secret, and often seen as stodgy to many outsiders? And why do we wine and dine a recruit while neglecting to do the same with our valuable employees we couldn’t bear to lose? Here are several recruiting fundamentals to consider if developing and recruiting the next generation of leaders isn’t at the forefront of your organization’s strategy. And if it is, read on to validate your efforts and make sure you’re not missing anything. At its core, recruiting is sales, so look no further than a solid sales process to create the foundation for a successful recruiting strategy. Here is a quick outline: Develop a target list based on your goals and the strategy you’ve committed to. Create and work from a target list. Write down names and keep track of contacts made, notes written, meetings conducted, etc. This is impor- 2 We’ve all done it, gotten a candidate to the table and then spent the whole meeting trying to convince them why working for us is so great. They don’t care … yet. You first have to ask a lot of questions, and try to find a weakness that you can exploit. If you are talking more than 20 percent of the time during the first meeting, you are talking too much. Don’t assume a “no” is forever. Keep at it and don’t take rejection personally. They didn’t just “use you” 5 “Sit in any room, at any of our established clients, and go around the table asking each person how long they have been in the industry. It’s impressive. This kind of tenure is awesome, but what is going to happen when we all retire?” tant because securing some of the candidates you’re recruiting will be like running a marathon, while others will be like a sprint. Be relentlessly persistent in your attempts to develop relationships with those you want to work with. Recruiting is an all-season sport, as we say. It is not a “nice to do if you have time” activity; it must be a “make time no matter what” activity on your radar every single week. 3 Interview/meet for need, find the unmet need and then tie everything to meeting it. 4 to get a raise. Can we all agree to try and be objective when a candidate turns us down? It’s important to focus on what you want, and you wanted them. If they say no, it just wasn’t the right time. Make sure you’re the first person they call when it is the right time by taking the high road and keeping at it. Do everything you would do with a recruit with your top performers and leaders who are already integral to your company. Don’t let a resignation be your wakeup call. We’re often stunned when a valued employee submits a resignation, but if we’re honest, we may admit that we dropped the ball. Recruit to retain just as hard as you do to gain and you’ll stay abreast of your employees’ unmet needs and deepen your relationships. Don’t leave them open to courtship by ignoring them. 6 We don’t profess to have all the answers, but if we got you thinking — if we got you to discuss this article with just one person you work with or to forward it to someone — then we consider that a success! Like we say here at Orange Leaf Consulting: GROW BIG OR GO HOME! ~ FOR MORE INFORMATION > Orange Leaf Consulting specializes in helping title agencies to grow their businesses. For more information on how we can help you GROW BIG, please contact us at www.orangeleafconsulting.com or 415.277.5901. AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 PAGE 9 SECURITY COMPLIANCE ASSOCIATES: YOUR RESOURCE FOR ATTAINING DATA SECURITY CERTIFICATION Matthew Froning, CIO, Security Compliance Associates W ith technology changing at an incredible pace, any business can be a victim of a data breach or identity theft. The most effective way to avoid security issues is to adopt a strict information security policy. ALTA Best Practice Pillar No. 3 further emphasizes the importance of this from a regulatory perspective, stating that title agents and third-party service providers should adopt and maintain a written privacy and information security program to protect non-public personal information (NPPI) as required by local, state and federal law. Agency Insights (AI) had the opportunity to speak with Matthew Froning, CIO of Security Compliance Associates (SCA). SCA is an FNTG preferred service provider that can assist your agency in becoming compliant and certified with Best Practice No. 3 and all other regulatory requirements regarding NPPI security. SCA’s easy-to-implement certification package provides agents with all of the necessary tools and resources so that you can meet the unique compliance mandates of your regulators, lender clients and trade associations. Below is a Q&A that highlights the conversation. AI: What’s the most important advice that you can offer agents regarding data security certification? Matt: Whether a title agency uses our services or someone else’s, the best advice I can offer agents is to get the assess- ment done and move forward with any remediation so that they are certified. At SCA, we view our relationship with clients as a partnership. We want to see agents succeed, and we want to help agents become compliant so that they can show they’ve done their due diligence and are protecting sensitive information to the best of their abilities. AI: Are there any steps agents should take ahead of time to prepare for the assessment? Matt: Yes. Prior to the assessment, we recommend that agents review their policies and procedures; have IT support staff review network/ system management settings; and review the agency’s physical security posture to ensure that sensitive information can’t be accessed by unauthorized personnel. AI: What does the assessment process involve? Matt: The on-site process includes: • an external physical assessment of the site; • an internal physical assessment; • an internal network vulnerability scan; • interviews with management and IT staff; • a review of in-place policies and procedures; • workstation reviews; and • server configuration reviews. AI: How long does the data security certification process typically take? Matt: The certification process varies based on an agency’s size and particular security issues. But here’s how the process typically works: • Once we begin working with a client, it takes about 30 days to complete the security assessment. At that time, we’ll provide a post-assessment report highlighting any vulnerabilities and related remedia- tion that need to be completed by the agent. • The next step requires agents to remediate any open security issues documented in the report. These issues need to be resolved within four to six months in order for certification to occur. If the process takes longer, a new assessment will be required, as it’s likely that the agency’s environment has changed in some ways since the initial assessment took place. • Once any open secur- ity issues are remediated, the agent will receive certification. We’ve worked with many agents, and those who take the process seriously and move forward with remediation are able to receive certification quickly. (See the Agency Perspectives article on page 10 to learn more about the process.) AI: Do your services work for both large and small agents? Matt: Absolutely. We look at each client’s specific needs and develop our recommendations based on their unique environment and business structure. For example, a two-person agency has very different needs than a large agency. There’s no need to recommend spending $10,000 on a server or firewall for a small agency, as its environment doesn’t warrant that. Instead, we can recommend lower-priced solutions for smaller environments that staff just a few individuals. We offer a broad range of solutions and will recommend the solution that best meets an agency’s need — whether it’s a one-person office or an agency doing business in multiple states. AI: What sets SCA apart from its competitors? Matt: While the concept of performing an information security risk assessment may be new to agents, SCA has successfully assisted lenders with this process for the past 15 years, as lenders require certification on a yearly basis due to GLBA (Gramm-LeachBliley Act) requirements. Based on our experience with lenders, our team is well equipped to help agents become certified. AI: After an agent has become certified, how do you recommend an agent remains in compliance? Matt: We recommend doing a maintenance assessment about every 12 – 24 months. The reason for the wide range is that some environments are more complex or there are changes to infrastructure or processes that require more frequent reviews, as security issues are continually evolving and changing. In some ways, it’s like the maintenance you perform on your car. You bring it into the shop on a regular basis to make sure the overall safety and maintenance is current. From a monetary and time perspective, regular maintenance will help reduce the possibility of a major problem going unnoticed, leading to an even greater cost in the long run. We recommend the same for an agency’s information security program. ~ FOR MORE INFORMATION > To learn more about Security Compliance Associates and its data security certification services, contact David Martin at 877.993.4472 ext. 7008 or 727.269.5212, or email him at [email protected]. Or visit SCA’s web page for FNTG agents at www.scasecurity.com/fntg. AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 PAGE 10 AGENTS SHARE THEIR PERSPECTIVES ON SECURITY COMPLIANCE ASSOCIATES AND DATA SECURITY CERTIFICATION VINCENT CASSIDY Vincent Cassidy serves as President of Majesty Title Services, LLC. In business since 2006, Majesty Title operates three offices: two in Florida and one in New York. Majesty Title worked with Security Compliance Associates (SCA) and received Best Practice Pillar No. 3 certification in March. SCA was recommended to Vince by Chris Gulotta, President of Real Estate Data Shield, an FNTG preferred service provider that focuses on training, policies and procedures and consulting related to information security. Following are Vince’s thoughts and tips to agents considering data security certification: AARON M. DAVIS Aaron M. Davis serves as CEO and President of the Florida Agency Network (FAN), an independent title agency alliance that presently offers 11 title brands and 30 offices across the state of Florida, including FNTG agents Hillsborough Title and Trident Title. Aaron first learned about SCA from his role as an FNTG agent and also became acquainted with SCA through his involvement with the Florida Land Title Association. Aaron shares his perspective on working with SCA and the value of data security certification: • Growing the business — FAN grew out of the need to have a title servicing company that could handle all back-office functions, IT and ALTA Best Practice certification for agencies that are part of the network. I engaged SCA to handle Best Practice Pillar No. 3 certification for our group. While it was quite a task for SCA due to our size and scope, the process went smoothly. “ “ ” • Prepare ahead of time — In order to get the most value out of an SCA audit, being prepared is the key. We spent up to nine months making sure our infrastructure was current and secure before we brought in SCA. Had we not invested that effort, our remediation time following the first stage of the audit would have been significantly longer. • Benefits of certification — The most beneficial outcome is that we can have meaningful discussions with lenders on the importance of certification, such that we make this a competitive advantage. We encourage our lenders to require ALTA certifications from all of their title providers. • Advice to agents considering the certification process — My advice is to look at your structure and your clients. If you think your clients don’t care whether or not you are certified, then move forward with your current model. If you think certification will be important to your clients, then I would make sure you are positioned to retain your clients by either getting certified or consider consolidating your operation with an agency that has attained certification. • General thoughts on the future of our industry — I have always believed that Best Practices will be a game changer. It’s just like reading the weather map. We can see the storm coming, and those who prepare will weather it. Those who ignore the storm, well, who knows what their outcome will be. I do believe that every agent has the ability to address this change. Many will, and some will not. “I have always believed that Best Practices will be a game changer. It’s just like reading the weather map. We can see the storm coming, and those who prepare will weather it. Those who ignore the storm, well, who knows what their outcome will be. I do believe that every agent has the ability to address this change. Many will, and some will not. ” — Vince Cassidy See page 9 to learn more about Security Compliance Associates. • Project scope — The assessment, remediation and certification process took us about four-and-a-half months due to the sheer number of offices involved. SCA was great to work with. During the assessment phase, they tested us in ways we hadn’t even previously considered. This included having SCA staff dress up as copier repair workers to see if the front desk would check credentials before sending them back to begin working. I was also thankful for SCA’s network penetration tests, which resulted in us replacing firewalls and routers due to substandard functionality. Another huge component of the process was developing policy and procedure manuals that are in-depth and meaningful. We came to realize that the manuals had to be specific to our com- pany and our business to be effective. We spent a great deal of time documenting what we do on a day-to-day basis, and an important outgrowth of this was the development of useful training manuals for our staff. • A new mentality toward data — Through the security data certification process, we began to think differently about what we do for a living. Now, we think more like a doctor’s office or a bank. We hold valuable information (drivers’ licenses, social security numbers and access to millions of dollars), and we need to take this seriously. In fact, I take it so seriously that I now have five IT staff members. • Benefits of certification — The benefits of this process were numerous. It was an eye-opening experience, and while we considered ourselves a pretty technologically savvy company, we still found flaws in our network and security. For example, the password on a copy machine should be changed every 30 days. This is one of those little tidbits that can make a big impact on how secure the work environment is. • Next steps — Having a strong data security plan is essential for any agency, and it’s a good feeling to know that we have the necessary structure and plans in place. We have made policy, procedure and training manuals a central part of our business, and we are making plans to move forward with other certification efforts including Service Organization Control (SOC) I and SOC II certification. Additionally, our staff has been properly trained to help any new offices that join our network become compliant. AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 PAGE 11 REALEC® TECHNOLOGIES DEVELOPS CLOSING INSIGHT™ TO HELP AGENTS WITH NEW MORTGAGE CLOSING DISCLOSURE RULE R ealEC® Technologies, a division of Black Knight Financial Services, has developed Closing Insight™, a comprehensive technology solution that provides robust integrations with major title and settlement production software platforms. Additionally, RealEC is proud to announce its Partner Network and the process that will allow all settlement agents, regardless of their platform, to be preregistered, trained and activated for use on Closing Insight in advance of the Aug. 1, 2015, implementation of the CFPB’s Integrated Mortgage Disclosure rule. CLOSING INSIGHT SOFTWARE PARTNER NETWORK The companies listed below are working with RealEC to develop robust integrations with Closing Insight to support the creation of the new Closing Disclosure. Settlement agents using these software systems should expect a seamless experience, allowing their users to stay within their software platform while providing realtime workflow status and Closing Disclosure information to lenders. The software partners will provide their settlement agents the training and support needed for a successful deployment of Closing Insight. • SoftPro Standard, SoftPro Enterprise, SoftPro Select and IMPACT (SoftPro Corp.) • FAST, StreamLine and TitleExpress (First American and SMS) •RamQuest • AIM+/SureClose (Stewart) • ResWare (Adeptive) • SnapClose (Cornerstone Management Solutions) • Landtech (Landtech Data Corp.) • RBJ-Edge (RBJ Software Inc.) REGISTRATION On April 15, 2015, RealEC initiated the process of registering settlement agents with Closing Insight. RealEC will work with the Closing Insight Partner Network and various other communication channels to invite all agents to register. During registration, settlement agents will be asked to provide the necessary information to activate the integration with the Closing Insight Software Partner Network. Settlement agents using proprietary software or commercial software outside of RealEC’s Partner Network will be given access to Closing Insight through RealEC’s service provider web portal. Below are key dates for the settlement agent. This will enable RealEC to create the company account information, which is needed to configure the interconnectivity between RealEC and the settlement agent’s software platform. TRAINING AND SUPPORT Closing Insight software partners will communicate directly with their clients with respect to the training and support process for deployment of Closing Insight. Settlement agents that registered for RealEC’s RealEC is proud to announce its Partner Network and the process that will allow all settlement agents, regardless of their platform, to be preregistered, trained and activated for use on Closing Insight in advance of the Aug. 1, 2015, implementation of the CFPB’s Integrated Mortgage Disclosure rule. registration process: • Settlement agents received invitations to preregister for Closing Insight on April 15, 2015. • Settlement agents will be expected to register all of their office locations and users. • Settlement agents will be requested to complete the online registration by May 31, 2015. • The online registration will include basic information about the company and the software platform used by the service provider web portal will receive training materials to help them get up to speed on using the portal. The training process will kick off in late spring/early summer 2015 and will continue through August 2015. BENEFITS OF PREREGISTRATION AND CLOSING INSIGHT • Lenders who are implementing Closing Insight have agreed to common process, technology and data FOR MORE INFORMATION > To learn more about RealEC’s Closing Insight, visit www.ClosingInsight.com, call 800.893.3241 or email [email protected]. AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 requirements. • Once a settlement agent is registered and trained on Closing Insight, the agent can transact with the Closing Insight lenders in a consistent manner. • Settlement agents using these software platforms should expect a seamless experience. Order status, messages, documents and closing disclosure data will all be exchanged with an integrated user experience. RealEC will continue to grow its Closing Insight Software Partner Network, with more details to be shared during the summer of 2015. For additional information, please visit www.ClosingInsight.com, where Frequently Asked Questions will be posted regarding registration, training and the Closing Insight Software Partner Network, along with other key information about products and services. CLOSING INSIGHT Closing Insight is designed to streamline the closing process and support the RESPA/TILA Integrated Mortgage Disclosure rule. Closing Insight was built in conjunction with RealEC’s Exchange™ platform, a web-based technology that delivers the largest fully interconnected network of lenders and service providers in the United States. ~ PAGE 12 FRAUD ALERT: DO EVERYTHING RIGHT Reprinted with permission from FNF’s Fraud Insights (Volume 10, Issue 1). Debbie Donaldson, Branch Manager and Senior Escrow Officer with Chicago Title Company in Kingman, Arizona, had a sale in escrow. The seller was located out of state. The seller did not have a fax machine or email address, so she set up an account at a nearby mail store to receive emails and documents. Debbie was prepared and set everything up in advance in order to accommodate the seller’s needs. On Oct. 3, 2014, a company-approved mobile signing company met with the seller to notarize her signature on the deed. The seller signed all of her closing documents and even sent back written instructions to overnight her proceeds check to her home. The file was not scheduled to close until Oct. 10, 2014. On Oct. 7, 2014, the seller’s real estate agent, Sam, began an email exchange with Donna Honberger, Debbie’s assistant: Sam: Hello Donna, The Seller wants to know if it is not a problem to have her proceeds paid into an alternative bank account, as she does not want the proceeds to go into her bank account. Let me know if this is a go. She is really wanting it that way. Donna: Good morning Sam … we can have the funds wired into an account as long as her name is on the account. If she wants us to wire the funds, she will want to verify with her bank the wiring instructions to send wires to her account. Let me know if I need to call her or if she will be calling us with the information. Sam: The alternative account does not have her name on it. She says if it has to have her name then she will have to use her account outside of the United States. So which of the information should she provide: the bank details with a different name or her offshore account? Donna: Let me check with accounting. I am working on it … her original instructions were for us to overnight the closing package and proceeds check to her. If she wants it to go into the account that does not have her name on it, she may have to stick to her original instructions. Sam insists: I am aware of that, but I think she has some other financial commitment complications. That is why she wants the funds in another account or her offshore account. Donna: I have not forgotten about this … I need her to fill out wiring instructions. When I receive the buyer’s loan documents, I will email any requirements from the lender and wiring instructions to her at the email address provided. I will call her first to let her know I am sending it. Sam emailed the seller to notify her of his efforts. She instructed Sam to email her at an outlook.com account. Sam forwarded her new email address to Donna. Donna emailed the seller, “The buyer’s lender has not yet sent us the documents they want you to sign, do you want me to email them to this address upon receipt? Attached is the Outgoing Wire Instructions you need to complete, sign and return with the loan documents.” The seller responded, “I will be looking for the documents. Yes, please have them sent to this email address.” The loan documents were sent the next day. Debbie was careful to encrypt the email so the seller could reply to the encrypted message since she would be returning her bank account information. She also called the seller to let her know the documents were on the way. Fifteen minutes later, the seller called Debbie looking for the loan documents. She explained she had emailed them to her new email account. The seller told Debbie she did not have a new email address. Debbie knew something was wrong. Debbie asked the seller if she would verbally provide her with her wiring instructions. The seller was confused. She told Debbie she wanted a check overnighted to her home, just as she indicated in the written instructions sent back on Oct. 3, 2014. The next day, the person who set up the @outlook.com email replied to Debbie: Morning all, I found the loan docs in the junk folder of my email after I found it on the upsstore COMPANY REWARDS AGENTS FOR PREVENTING FRAUD > FNF’s fraud prevention reward program is featured in Fraud Insights, the company’s internal newsletter that provides important information on how to detect and prevent fraud and forgery. FNF rewards agents for preventing fraud. To let us know how you or your colleagues have prevented fraud, simply send an email with the details to [email protected]. If your story is used, the hero in the story will receive $1,000! Fraud Insights is available to agents through your agency rep. If you’re not receiving the newsletter and would like to, please contact your agency rep. AGENCY INSIGHTS I VOL. 6, ISSUE 2, APRIL 2015 account. Sorry about that. Attached here is the signed copy of the outgoing wire authorization. I had to wait till today because of the time difference. Let me know if there is anything else needed, but my banker assured me that is all that is needed for the funds to hit my account. The signed wire instructions did match the seller’s signature, but the instructions were not dated the same. The date was written in the manner a foreigner typically writes it with the day–month–year. That is not how the seller dated any of her other documents. The account information was for a bank account in Poland and the account name did not match the seller’s name. Debbie reported the incident. She confirmed with her IT department her account had not been hacked. She immediately contacted the real estate agent and seller to let them know one of their accounts might have been hacked, and she would need to communicate with them by phone from now on. Debbie verbally verified her disbursement instructions with her seller, closed her file and disbursed without any incident or harm to her customers. Thank goodness! MORAL OF THE STORY Debbie and Donna did an excellent job of communicating with their customers. They also paid attention to the red flags in their communication with them. They were careful to protect the customer’s nonpublic information by encrypting emails. In the end, their attention to detail resulted in another successful sale. For their efforts they are splitting a $1,000 reward. ~
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