The Statewide Title Newsletter and Legal Memorandum

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Issue  38  Article  88
Published:  9/1/1998

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National Lending Trends and Changing Technology… What Does it Mean for Us?
Harry Cannon, VP and Director of Development

I mentioned in last month’s issue of this publication that I recently attended a conference in Chicago entitled "Title Agents’ Seminar on Strategic Alliances", sponsored by the American Land Title Association. While very exciting and informative, it was also very sobering. The focus of the seminar was to educate those of us in the title industry on the monumental changes occurring in the national lending industry and in technology. The overriding theme, and not just for our industry, was that in order to survive and prosper in the coming years we must develop successful business alliances.

The keynote speaker was Robert Porter Lynch, President of The Warren Company. He and his company focus their efforts on helping businesses to build alliances that will increase their ability to deliver value to the customer, to maximize profitable growth and to create real competitive advantages. As a consultant, he has worked closely with domestic and international alliance teams with companies such as AT&T, General Electric, IBM, Lockheed, Scott Paper, Xerox, Rockwell and Prudential.

Traditionally, business in the title industry has been derived from Banks, Real Estate Agencies, Attorneys and Builders. Title companies have had little control over the real estate transaction process. In fact, title companies are many times considered to be a necessary evil that slows down the transaction process. Interaction has been tactical and transactional. Those driving the business desire relationship control, want the title product delivered yesterday, and want service at a discount. This relationship at times can be very adversarial.

As the nature of the business is changing, however, some major shifts will occur. Alliances and joint ventures will transform the financial services industry and will be used extensively to create a networked enterprise. The key driving forces will be Systems (integration, innovation & information), Speed (faster cycle times, service breakthroughs & coordination), and Alliances (cooperation, strategic relationships & bundled services). The financial services industry is currently networking faster than all other industries. As these networks develop, it will take fewer networks to provide national coverage. As put by Mr. Lynch, we are beginning the age of "Coopertition".

Breakthroughs in technology are the mechanism by which this networking can take place. Connectivity is currently the key buzzword. Electronic systems can enable us to have both local and national integration. As this integration occurs, a transformation will take place from Tactical – Transactional relationships to Strategic – Relational. In other words, the component system will be replaced by synergy. Rather than deriving profit through our ability to compete with our rivals, it will come through speed of innovation and response, coordination and leverage of systems, and the migrating value of core competencies.

It is estimated that in the near future 50% of all sales in the banking industry will come from strategic alliances. A side result of these alliances and better technology is a highly diminished cost but higher profit margins. It is hard to imagine going faster, having lower fee structures, and making higher profit margins. However, it is estimated that our industry will realize a 35% increase in profitability through the efficiencies created by alliances and technological advances. What does this mean for us in North Carolina? Should we resist the change and fight for status quo? How do we become a part of these value chains and national alliances? What kind of hardware and software are required? I will address these questions and offer a summary of what we have seen developing nationally over the past 2 years.

A little over 2 years ago, an emerging trend began to develop among the larger lenders, both regional and national. There was a desire to "outsource" many of the ancillary services typically handled "in-house" by these lenders. In response, the national title companies created "bundled service" subsidiaries. These bundled service subsidiaries were created to accommodate the transaction requirements of the lenders who wanted "one stop shopping", regardless of which states in which they were conducting real estate transactions. Some of the services offered include appraisals, flood certifications, title reports, title insurance, document preparation, centralized funding, lead based paint testing, imaging, automation, etc.

You may have heard of or had the opportunity to have worked with some of them. LandAmerica (formed through the merger of Lawyers Title and Commonwealth) has One-Stop. Stewart Title has Stewart Mortgage Information. Chicago Title has CastleLink. Each has a centralized national order center that can receive orders from around the country and route the service components accordingly. They are developing nationally standardized fee structures and required product turnaround times. They provide order placement, statusing and coordination of the transactions. Essentially, the lender can place the order and sit back and wait until the product is returned in bundled form, ready to make the loan.

A number of mechanisms are being used to communicate the orders between the lender and the bundled service companies. Some have developed software that a lender can install and order the necessary service products accordingly. Stewart Mortgage has SureClose LenderPak. Others have developed, or are in the process of developing Internet based products that can be accessed through dial in connections. Still others are simply using the fax machine or the more secure dial in #800 connection. Security remains an issue in the transformation of transaction data, but breakthroughs in this area are occurring every day. It is the consensus of opinion among the industry leaders that eventually most of these types of transactions will be Internet based.

To focus more specifically on how this relates to title agents and real property attorneys in North Carolina, I will recap what Statewide Title has done to create a value niche that will make us and our client attorneys attractive in regional and national strategic alliances. We created Statewide Mortgage Services, Inc. (SMSI), to serve as the "one stop" title services organization for the state of North Carolina. With your help, SMSI has come a long way in determining acceptable fee structures and turnaround times that are pertinent to real estate transactions throughout the 100 North Carolina counties. We created StateNet™, which is a network of reputable real estate attorneys across the state who recognize this emerging trend and desire to remain competitive and profitable as the industry evolves.

SMSI has been approached be lenders from around the country who desire one stop title representation in North Carolina. Many are unfamiliar with the attorney state system and how it functions in relation to the rest of the country. The first step is to educate them on our process, particularly the legal requirement that only licensed North Carolina attorneys are able to certify title and conduct closings. The next step is to route their orders to our StateNet™ attorneys in the appropriate counties. We represent Stewart Mortgage Information and LandAmerica OneStop, both of whom are regularly developing relationships with lenders from around the country who do business in our state.

By working with these companies, SMSI is developing the ability to educate North Carolina real property attorneys on changes occurring in the industry and how best to prepare and adapt to them. We have an in-house Systems Manager who works daily on communication integration and solutions to the seamless transformation of data on our title transactions. It is our goal to help our attorneys send and receive their title opinions and other transaction information electronically, thereby reducing the duplication of data input, chance for error, and faxing. We will also distribute software as it is received from our bundled service vendors that will enable our StateNet™ attorneys to receive their title order instructions and closing packages electronically. Some of these systems now allow the attorney to remote print closing documents in their offices. In the event of an error, the lender can make the necessary changes and the documents can be re-drawn in a matter minutes, thereby saving the closing.

These efficiencies are an example of the decrease in transaction costs and the increase in accuracy and turnaround time mentioned above. While it is impractical for individual law offices to attempt to develop the software necessary to achieve national connectivity, it is also unnecessary. Other components of our system are also changing. We were invited to attend a presentation recently at the Randolph County Register of Deeds office. Landata, a division of Stewart Title, had helped them to automate the registry process. There were many other Registers there from around the state with a desire to do the same thing. The net result will ultimately be the ability for attorneys to search titles via computer right from their offices. This is not a local trend, but a national trend.

By partnering with a company such as SMSI, you can position yourself to become part of a value network. You can reap the benefits of being part of the developing alliances now being formulated. The value chain goes from the lender to the national title company / bundled service subsidiary to SMSI / StateNet™ North Carolina real property attorneys. The synergy is created by working in cooperation and utilizing the technological advances provided by the top of the chain. Essentially, all the law office will need in order to participate will be a relatively up to date computer (486 or above), a modem, an Internet dial in connection through a local Internet Service Provider, and a comprehensive understanding of the changes taking place that are being driven by the lending industry.

These changes will not take place overnight, but we have been assured that they will happen. It can be somewhat scary when evaluating the total transformation that is taking place in the "information age". It can also be very exciting. Our challenge, and yours, is to take advantage of the opportunities for involvement in these developing value networks as they arise. The attorney state system works very well for North Carolina consumers and in comparison offers one of the best values available around the country. We must look at our system, the national trends, and ask ourselves this question… What will my business need to look like in order to be profitable 5 years from now?


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