NYSLTA
Convention in
Southern
hospitality is the real thing! The staff at the Kingsmill-and
everywhere else we went in
Those agents that were here had a great time. Jon Richards (Fidelity Title), immediate past president of the NYSLTA, really pulled the right strings in getting George, Tom & Patrick (Henry-not Cotter) to drop by and spend some time with us. These gentlemen and various footmen, butlers and criers were with us through our entire stay, calling attention to meetings, seminars and social events.
Speaking of Donna Richardson (First American) and we all were - but I'm getting ahead of myself. Readers of previous issues of my post convention notes know that we have to go through the business aspects of the convention before reminiscing over the social events. And boy did we do good business!!
First up was the agents section meeting at 7AM (yep!) Monday morning. We were told that the new ALTA Policies need approval or there will be problems with lenders. ALTA is offering a consumer information block on it's website. Take a look: www.alta.org. We need all the good PR we can get. The agents section has a new lobbyist as Don Hollander, the previous lobbyist passed away (I went to the memorial service which was a great tribute to a loved man). The new agent lobbyist is the firm of Ostroff, Hiffa & Associates, Inc. They seem to have the experience and influence to promote the agents' issues in the NYS Legislature and they have their work cut out for them as it is presumed that there will be new people in the NYS Insurance Dept. come January. The joint, agent & insurer conceived, licensing bill will be going to relevant committees in the NYS Legislature. George Winner, an influential member of the New York State Senate has agreed to sponsor the bill in the Senate and Adam Bradley, an equally prominent Assemblyman is to be the Assembly sponsor.
Larry Litwack (Big Apple Abstract) told us that he testified before Attorney General and Insurance Dept. personnel. Larry said that the 8 hours of testimony were grueling and centered around pricing vs costs related to producing a title policy. Larry noted that there is still a problem getting the bureaucrats to look at the (huge) difference between title insurance and other forms, most notably property & casualty insurance! We all have a lot of work to do in this regard.
And
that was just day one of agent section meetings.Tuesday morning (again @7AM!) the agents got down to business. The Rate Hearings were
the #1 topic on the agenda. It is presumed that a 2/day hearing will be held
Friday Nov. 3rd & Monday Nov. 6th at
We were reminded that discretionary fees and sham companies are on the radar screen of the Insurance Dept. Even closers' pickups and tips were brought up. The industry will be asked to justify the "split". Testimony at the hearing will be followed by submissions and it's here that we have to be pro active in order to show the value of our efforts on behalf of the consumer. The big question is "what to submit"? Is it a history or a "White Paper"(pushed by Tony Maiocchi Perfect Abstract) & how can we best educate the AGs office and the Insurance Dept.? Can ALTA provide resources? What are the association's and the agents' lobbyists views? Can the lobbyists come up with a "White Paper"? What are the "talking points" we should all be using?
You can imagine how the various discussions went. And if you can't, you should have been there. This second meeting of the agents section was running up against the association's agenda. We were late for the General Session and Stan Lacher (Globe) made the motion that the meeting was so important that it should be continued after the General Session. And so it was continued - we reassembled and the following issues were raised and discussed:
A "White Paper" should include who we are, what we do, why it's important and why the rate should not be reduced further. Send ANY & ALL suggestions to Stan Lacher via e-mail: SJLGLOBE@aol.com. Also, there should be a form letter sent to agents employees, closers, examiners, lawyers, surveyors etc. There was also a suggestion that we "upgrade the professionalism of the industry." Rich Giliotti (Judicial) said that we should show the advantage of independent agents to the consumer. "The agent community did not create the problems we are facing." And in a similar regard, Amy Kelly (The Seaport Title Agency) who was not there, sent a letter to the agents section that was read by Barbara Sheridan of Amy's office. This most insightful letter was received with applause by the agents in attendance and Amy was immediately selected to join with Vince Monte (Vincent J. Monte Agency) to represent the agents in planning for meetings and discussions with the AGs office and the Insurance Dept.
And speaking of Vince Monte, I can finally get to the election of officers for the association. Vince was chosen as Chair of the Agents Section and Nancy Farrell the Vice Chair. It wasn't quite as easy as that but I'm running out of room. The underwriters section voted Mike Miglino (Chicago Title) as President-elect, Larry Lipschitz (LandAmerica) Treasurer, Jacqueline Murphy, (UGT-and the very proud grandma of a beautiful grandson) Chair Title Insurance Section and Barry Balonek (Monroe Title) Vice Chair.
Let's
move on to the regular meetings. At Monday's General Session, President
Richards gave special thanks to the chairs of the Municipal Liaison,
Legislative & Law Committees. He gave special praise to all who served on
the Licensing Committee. Sharon Sabol as Executive
Director of NYSLTA also mentioned the great work by the Licensing Comm. Sharon
gave the following stats: There were 35 meetings, 7 information sessions, 20
conference calls, 3 site visits, 4 conventions (2 ALTA & 2
Next up was Ed Miller, ALTA Chief Counsel & VP. Public Policy, who spoke of the whirlwind we're facing-California, Texas, Colorado, NY. The GAO asks why the title insurance fee is so high. They have finished the field work on a report & are in the writing stage. The report is due spring of 2007. There was a bill in the Senate calling for a national charter for insurance which might work for life and P&C but not us. There are over 3000 counties with different practices! Again, we must contact legislators to explain our business and we must support candidates who support us and small businesses!
State Senator George Winner, sponsor of the licensing Bill and Phil Pinsky, NYSLTA lobbyist made a joint presentation. They spoke of a contentious battle with Land Surveyors on altering surveys which if surveyors are successful, would mean that new surveys would be required on almost all transactions. The bill passed in the Senate but was vetoed by the Governor. It will probably be back next year. Also-recorded instruments to not be recorded if soc security numbers appear in documents (fine) & the numbers must be expunged from previously recorded instruments (not fine). A continuing issue that needs to be solved. Other issues are:The County Clerks want a state law authorizing Cover Page fees. A Home Equity Theft Prevention Act was passed. There are Power of Attorney revisions. Illegal restrictive covenants. And the licensing of agents bill.
Senator Winner said that privacy & identity theft issues are a great concern to the legislature. The legislature should address prompt recording of documents. He then said the title agents licensing bill was put in on June 8-too late to be acted upon. The bill's biggest issue is "controlled business" which affects zone 1 more than zone 2 and in his opinion, this issue will make the bill difficult to pass. On eminent domain he said NYC opposes any changes. This ended the general and political presentations.
Three CLE credits were available. Presentations included "Lis" than Meets the Eye: An Expired Notice of Pendency Creates No Unsafe Building Lien" by Robert P. Knapp III. This is a most fascinating study of a case brought by James Mercaldo (Barristers Abstract) regarding a case involving a phantom (my word) lien the city tried, unsuccessfully, to pursue in an "unsafe building" matter. You have to read it to believe it!
Another presentation was by Felice K. Shapiro VP. & Sr. Counsel, Old Republic on "Mutual Indemnification". There's frequently confusion about what Mutual Indemnification covers so this is a must read for agents.
Bruce J. Bergman of Berkman, Henoch, Peterson & Peddy, PC spoke on "Title Problems in Foreclosure" - unfortunately a timely topic. A subtitle might have been, "Foreclosure Glitches". Want to know about the Predatory Lending Law and many other foreclosure problems? Read this article.
Last but not least was the presentation "Ethics" by Lawrence D. Kleinman of Kleinman, Saltzman & Bolnick, P.C. Larry, proudly is a member of the NYSLTA and has represented major title underwriters in various claims matters. The subtitle could have been "The Ten Commandments of Legal Ethics (and sub parts)" Or how about lawyer advertising; internet advertising; multiple billing etc.
This is all great stuff so I'm making it available to anyone who asks but you have to ask! Get one or get all! We were also given a special edition of The New York Law Journal - Land Title Trends, where we are treated to a number of interesting articles such as: ALTA Adopts New Policy Forms For Both Owners & Lenders; Marvin Bagwell's (UGT) Mezzanine Financing article; The Growth of Loan Syndication by Gary Goodman & Michelle Yip with an assist by David Wilcomes (NY Land Services); Marc Israel (American Land Services) writes on "There's a Mechanics Lien in My Title Report - What are they & how to get rid of them."
As I always say, "You want em, I got em!" E-mail your request to patrick@sjcarroll.com or call me.
Now, on the social scene, where was I? - Oh yeah-Donna Richardson (First American Title) or as Eileen Hickey (also FA) said "We're back on top!". Let's see. As I was told the story, it seems that Donna was locked in her room at the Kingsmill and Eileen (who else) goes to the rescue. She calls the front desk to connect her to Donna Richardson's room but -presumably-is connected to the wrong suite and a man answers. "What have you done to my Donna" Eileen says and demands to know who he is and to give Donna the phone!
Then there's the almost obligatory & annual Eileen Hickey in a nightgown sighting. This time at 2PM. Where was I? Probably playing tourist with Carol & Tony Maiocchi (Perfect Abstract) and Marianne Mathieu (Chicago Title) in Williamsburg. What a wonderful place to see the beginnings of our great country. I heartily recommend Williamsburg. It is not a re-creation. It's living history! Same with the Jamestown Settlement & the actual historic site of Jamestown which has only recently been discovered and also Yorktown where the final battle of the Revolutionary War was fought. It all truly has to be seen to be believed. The kids (& me) loved the shooting of flintlocks & canons.
Saturday night was a special treat for those who were at Chicago Title's pre convention dinner hosted by Mike Miglino at the Williamsburg Inn. The hors d'oerves and dinner were delicious and we were all made to feel special by Mike and his pretty Elaine. I missed my Kate, who couldn't make it this year especially when Nurit Sonnenschein told me that she and Tim Provost (Sneeringer, Monahan, Provost, Redgrave) were married. The two women have become friends and keep promising to get together more often-make it happen girls!
Want to know if we had fun when the business part of the convention was done? The bar at the Kingsmill ran out of Budweiser, a notable achievement in and of itself but the Kingsmill is not only owned by Anheuser" Busch, Budweiser beers are the only ones on site and we're only a stone's throw from where it's brewed.
And not only that but there we are 40 or so of the best minds in the business discussing title issues, of course, and I look down the bar and literally everyone's glass is empty! The Kingsmill is a great place & I heartily recommend it but ONE bartender for this crowd won't get it done.
I think it was the same night that I overheard Marianne Mathieu (Chicago Title) trying to teach incoming president Tom Tafuri (Regal Title) how to "speak Southern" as in "Hey you! How's your mama 'n them?" Can't wait till he opens up the next Executive Comm meeting "Welcome you all" ! Marianne's a great driver. She drove all 9 1/2 hrs to Williamsburg. The traffic was brutal. About the last third of the way I took out my "Learn to speak Italian" CD. We had fun so it wasn't a total loss. Marianne's "Ciao, come stai? in "Southern" has to be heard to be believed.
You've heard of Christmas in July-how about Thanksgiving in August! Sharon Sabol always plans great venues for our dinners and this year we went to Berkeley Plantation where we recreated the First Thanksgiving in the new world. Yep, turkey, sweet potatoes, stuffing, cranberry sauce and all the rest-with a twist.
Somebody had the bright idea that it would be fun to have the oldest at each table carve the bird with the youngest serving. Carvers wore a tricorner hat and serving wenches a little white cap. I (of course it was me!) started hacking at the poor thing & thought to ask Victoria, Shawn Dyer's very pretty date to help & lo & behold, she's a culinary school grad. We kept our hats but she finished carving & I served. Alas, I had made such a mess of the carving that we still didn't win the prize!
Actually I began the evening seated with the very pretty Lurrine Mills (Perfect Abs.) and her equally lovely friend Winnett Chambers but Rhea McCone (Harbour Abs.) took pity on the girls seated alone with me & invited us to her table with husband Cody, their lovely daughters Ciara & Kaeleigh and Merlin Dyer (Ticor Title), her son Shawn, & his date Victoria. A great group.
I was talking to ex Marine Frank Tauches (Madison Abs) at the reception before Tuesday night's banquet and he told me his son was also a Marine who left the service early in 2001 and then volunteered to go back in after 9/11. He served 2 tours in Iraq/the Gulf including the 1st Marine Division's push to Baghdad. God bless all of them.
"George Washington" was giving his farewell address and spoke to us from a platform but I think Jon Richards and I were the only ones listening. All the ladies were lovely in their gowns and the banquet was truly a grand event. It was just like the old days. Does anyone remember Donna Richardson in Orlando, or Donna in Boston or Donna in Bermuda. Well picture her on the bandstand leading us in song and dance. The bandleader didn't know what he was in for when he invited her up. I told you we had fun. We always do. I got in my annual dance with Regina Capone (NYSLTA) and Sharon Sabol and I danced the night away. You had to see her line dancing and getting all of us to join in. She is an amazing woman. I was hoping to dance with the very lovely Irma Clemente (Regal), Tom & Peter Tafuri's partner but she disappeared way too early. She came to Williamsburg to see Tommy installed as the association's president.
It was good seeing old friends at the convention like Julia Kirby and Cathy Borner, Tom & Faye DeCaro with Jean Partridge (Benchmark Title) and Lloyd Karmel (Advance Abs) whose girls are so pretty & grown up now. And some new ones including Tom Casill and his vivacious sales manager, Crystal Love from MacGregor and Howard Kopel of Sutton Land. I especially enjoyed seeing and spending a few minutes with John Maddie who along with Joe Friedman were the recipients of Lifetime Achievement awards.
There's no way I can end this without paying homage to Sharon Sabol and her very capable staff, Regina Capone and the newly married Ana Lord. The convention doesn't happen without their efforts. And now it's on to Halifax. Make your reservations early. The convention is Aug. 12th to the 15th, 2007 and we're staying at the Halifax Marriott Harbour Front Hotel.
Last but far from least I'd like to say that I'm proud to be a member of the association and proud to be a part of this great industry. This is shaping up to be a trying year ahead but if we all work together for our common goals we'll come out on the other side better and stronger. Let's all make the effort!