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What New Mexicans Are Saying About Title Insurance

“Our son, a college student, sold a property October 26, 2007, in order to move to Las Cruces to finish a college degree to make a better life for himself and his two children. The Title Insurance charges of $711 [on a $106,000 house] are more than the in-state tuition for a full-time student for a semester at Doña Ana Community College in Las Cruces.”
   -Ann Baumgarn, Dec. 12, 2007, Las Cruces


“New Mexicans would save millions every year if the title insurance law was reformed and allowed title insurers and agents to compete on product and price. We are no longer in the Middle Ages, we have computers and it only takes seconds to research a title.”
   -Eileen Sopanen de Vigil, Oct. 26, 2007,
   Española


“It has been personally very frustrating to me to have to pay such high fees every time I have been able to refinance my home at a lower rate. Hundreds of dollars wasted over the past 25 years! Title insurance needs to to be priced more competitively and people should not have to pay it every time they refinance their home!”
   -Dr. Kathleen Maley, Oct. 13, 2007, Hernandez


“I am a licensed Real Estate Broker and Certified Residential Appraiser who is acutely attuned to the influence (mostly negative, in my opinion) Title Insurance Companies wield over the Real Estate Market. This is certainly a situation that needs attention nationally as well as locally.”
   -William W. Gray, Nov. 2, 2007, Albuquerque


“I'm thinking of refinancing my home in Santa Fe to get a lower mortgage. Why should I pay all these extra closing costs, including title insurance, when my title search was done just two years ago when I got my 6% mortgage? This is a rip off.”
   -Sondra K. Match, Feb. 2, 2009, Santa Fe


“I have witnessed over a dozen people in my neighborhood be adversely affected by high rates and poor service by the title industry. At the Commons, where I live, over 12 neighbors have title insurance claims that title insurance companies refuse to negotiate or settle.”
   -Rich Schrader, Santa Fe


“We are retired and purchasing another home. We do not need additional unnecessary costs.”
   -Virginia Ebinger, Oct. 13, 2007, Los Alamos


“Having owned many rental properties over the years and paid title insurance premiums on each property, each time at the closing I felt that I was being ripped off for title insurance, especially after reading the list of exclusions from liability. After learning of the 5% payout ratio, I now know I was ripped off.”
     -Al Stevens, Dec. 13, 2007, Albuquerque


“I support title insurance reform. The title insurance company missed a property tax lien on my property that is now costing me $1,000 a year as long as I own the property, which I cannot afford and may cause me to have to sell the property. The title company refuses to pay, even though it is clear that they missed something that had been properly filed. The title insurance business is nothing but a money machine, and they never pay when they make a mistake.”
     -Mary Bradshaw, Nov. 14, 2007, Santa Fe


The Title Industry's Response

“Any attempt to have [title insurers] compete financially, by offering lower rates, would be contrary to the best interest of the public.”

     -Ed Roibal, Executive Director of the
      New Mexico Land Title Association, in
      a December 13, 2007
Albuquerque
      Journal Business Outlook article



“This topic could not be more timely with the home mortgage market crisis. And the ability to buy a home translates into jobs, stability of families and improvement of neighborhoods.”
   -Kathy Blake, Oct. 21, 2007, Albuquerque


“Title insurance is overpriced. We need low cost alternatives. The high cost of title insurance only hurts the poor and middle class.”
   -Ruth Butler, Oct. 19, 2007, Santa Fe


“I was shocked when I moved here and learned how the title insurance industry was operated. For the benefit of consumers there must be competition and the industry must not be shielded from actions caused by their own negligence.”
   -Steve Brooten, Oct. 20, 2007, Silver City


“Why does the title insurance industry enjoy a quasi-monopoly? The free market does not apply to them because the state sets the rates they can charge. They manage to pay out only 5 percent (or so) of the premiums they collect. If it were an oil company receiving 90 percent profit, some one would accuse the oil company of gouging the consumer. Please let the free market work by calling for action in the upcoming legislative session.”
   -Bob Wells, Oct. 20, 2007 Roswell


“Please make title insurance a topic. It is in need of a 'fairness' update.”
   -Lorna Dyer, Nov. 7, 2007, Santa Fe


“I've just purchased a house, and I was outraged to learn that title insurance in NM is not subject to free-market pricing, but that the price is pre-set. The price for this service is proportionately high for New Mexico's economy, when home ownership is out of reach of many people, and closing costs are a significant barrier.
     To add insult to injury, if the title insurance company is negligent, it is not accountable for damages resulting from negligence. How many other businesses get this sweet deal?
     It's time for NM legislators to be accountable to the voters who elect them, not lobbyists who want excessive and unfair protection from the free market.”
   -Richard Malcolm, Oct. 9, 2007, Albuquerque


Quotes are taken from letters that were sent to Governor Richardson after Think New Mexico released its policy report on title insurance reform in September 2007, and obtained by the Rio Grande Sun through an Inspection of Public Records Act request. They are reprinted here with the permission of the authors.