Virginia`s Courthouses - Virginia Land Title Association

Transcription

VLTA
The Magazine of the
Virginia Land Title Association
Volume 18, Number 2
celebrating 18 years
Summer 2012
part ii
Virginia’s Courthouses
and Records in the Civil War
Brave New World of Marketing Communications
Septic System “Walk-Over Inspections”
CFPB Integrative TILA-RESPA Reform
Civil War Sesquicentennial
On a road filled with regulation,
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RESPA
NAIC
HUD
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C L O S I N G A N D T I T L E S O F T WA R E
Contents
VLTA
summer 2012
Features
ON THE COVER
The Brave New World of Marketing Communications. . . . . . . . . . 7
Septic System “Walk-Over Inspections” – The Real Story . . . . . . 9
In an attempt to provide Real Estate agents a “one stop
shopping” approach to buying or selling a home, many Pest Control
Companies have begun to advertise Septic System Inspections in
addition to Wood Destroying Organism (Termite) reports.
CFPB Integrative TILA-RESPA Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Business Etiquette. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
In a society where looks are “everything”, not everyone would
agree with that statement. I’d like to say that I fall into the
category of “don’t judge a book by its cover”, but I sometimes find
it difficult. I do consider appearance.
Civil War Sesquicentennial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
As our nation marks the 150th anniversary of the Civil War, we
are presented with many unique opportunities. We can expand the
narrative structure in which the Civil War is taught, including more
thoroughly incorporating the experiences of African Americans,
women and other minorities…
Map of Virginia, 1861
Virginia’s Courthouses and Records
in the Civil War (part II) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subscribe
to the Examiner
Subscriptions are available to interested
individuals or groups at $75.00 per year.
800.929.8730
www.vlta.org
This part will look at damage to official records maintained at
the courthouses in Virginia and efforts to avoid damage to those
records during the Civil War.
Title Tips & Trivia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Searching estates can be a bit tricky at times. As title examiners,
we are taught to look for and report the facts of title — it is not
the job of the examiner to interpret or make judgments about the
documents found of record.
Departments
Follow Us!
TM
Phone: 770.754.3117 Toll Free: 800.929.8730 Fax: 770.754.6142
www.vlta.org
from the President
from the Editor
from the Executive Director
ARTU
Member Discount Programs
Title Tips by Tute
Agent Resources
Membership Application
5
6
6
13
26
23
27
31
VLTA Examiner Volume 18, Number 2 • Summer 2012 3
VLTA Board of Directors
VLTA
2011-2012
The Newsletter of the Virginia Land Title Association
volume 18, number 2
celebrating 18 years
PUBLISHER
EDITOR-IN-CHIEF
E. Claire Kennett
Roanoke Valley Title Insurance Agency, Inc.
2843 South Jefferson Street
Roanoke, VA 24014
tel. 540.312.6336 fax 540.400.7848
clairekennett@cox.net
summer 2012
Julie Ann Rutledge
Land Title Research, Inc.
2145 Jefferson Davis Highway
P.O. Box 3271
Stafford, VA 22554
tel. 540.659.0107 fax 540.659.4952
ltr.inc@verizon.net
Maureen Dunn, Esq.
Karenlee Oreo
Old Republic National Title Insurance, Co.
7960 Donegan Drive, #247
Manassas, VA 20110
tel. 703.365.2300 fax 703.543.0647
mdunn@oldrepublictitle.com
EDITORIAL BOARD
Middlesex Title Company
P.O. Box 559
Deltaville, VA 23043
Ph. 804.776.9202 Fax 804.776.9696
gbrooks@va.metrocast.net
Palma J. Collins, Esq.
Terri Stitzer
MANAGING EDITOR
13770 Belleterre Drive
Milton, GA 30004
tel. 800.929.8730 fax 770.754.6142
kloreo@vlta.org
Glenda S. Brooks
First American Title Insurance Company
14150 Newbrook Drive, Suite 250
Chantilly, VA 20151
tel. 703.480.9500 fax 703.480.9481
pcollins@firstam.com
DTS Titles, Inc.
645 Blackthorne Drive
Chesapeake, VA 23322
Ph. 757.482.3342 Fax 757.482.9166
dtstitlesinc@verizon.net
James Bruce Davis, Esq.
Art Director
Bean, Kinney & Korman, P.C.
2300 Wilson Boulevard, Seventh Floor
Arlington, VA 22201
tel. 703.525.4000 fax 703.525.2207
bdavis@beankinney.com
John Comerford
J.Comerford Design
Virginia Beach, VA
jcomerford@cox.net
The mission of the Virginia Land Title Association (VLTA) is to promote communication and
to provide education throughout the real estate and title industries. The mission includes
promoting standards and regulations that increase the effectiveness of the industries.
Legislative initiatives and educational programs are primary aspects of the VLTA’s work.
Leadership in ethical practices and standards is an integral part of its members’ business,
within and outside of the VLTA.
The VLTA Examiner is the official publication of the Virginia Land Title Association. It is published for VLTA
members. Requests for address changes must be received 30 days prior to the date of the issue with which it is
to take effect. Although advertising is screened, acceptance of an advertisement does not imply VLTA endorsement
of the product, the services, or the views expressed. The views and opinions expressed in this publication are not
necessarily those of the association. Articles may not be reprinted without the consent of the VLTA. Subscriptions
are available to interested individuals or groups at $150.00 per year. Address all VLTA and magazine inquiries to:
VLTA Examiner; 13770 Belleterre Drive, Milton, GA 30004; 800.929.8730; 770.754.6142 (fax); kloreo@
vlta.org. Submit all articles for publication in the magazine to: Fidelity National Title Insurance Company, 310
First Street, 12th Floor, Roanoke VA 24011, 540.853.4039, 540.982.5436 fax); ckennet@fnf.com.com
4 VLTA Examiner Volume 18, Number 2 • Summer 2012
Paul M. Sawtell
President
Dominion Title Corporation
1144 C Walker Road
Great Falls, VA 22066
Ph. 703.757.9500
Fax 703.757.9359
paul@dominiontitle.com
Glenda S. Brooks
Director
Middlesex Title Company
P.O. Box 559
Deltaville, VA 23043
Ph. 804.776.9202
Fax 804.776.9696
gbrooks@va.metrocast.net
Judy L. Blackwell
1st Vice President
Fidelity National Title Group
7130 Glen Forest Drive, #403
Richmond, VA 23226
Ph. 804.287.0930
Fax 804.282.4432
jblackwell@fnf.com
Kevin T. Pogoda, Esq.
Director
Old Republic National Title
Insurance Co.
Manassas, VA 20110
Ph. 703.365.2300
Fax 703.365.2400
kpogoda@oldrepublictitle.com
Deborah Y. Allen
2nd Vice President
BridgeTrust Title Group –
Virginia Beach
One Columbus Center, Suite 400
Virginia Beach, VA 23462
Ph. 757.671.7413
Fax 800.526.3329
dyallen@bridgetrusttitle.com
Thomas B. Gates
Director
14370 Somerville Court
Midlothian, VA 23113
Ph. 804.419.2165
Fax: 804.698.5403
tgates@firstam.com
Myrna Lou Keplinger
Treasurer
The Settlement Group, Inc.
5641 Burke Centre Pkwy, # 229
Burke, VA 22015
Ph. 703.642.6002
Fax 703.642.6003
myrna@settlementgroup.com
Kimberly P. Gillikin
Director
West Hundred Title Company, LLC
4830 W. Hundred Road
Chester, VA 23831
Ph. 804.778.7887
Fax: 804.778.7796
kim@westhundredtitle.com
Patric E. Copeland
Secretary
Chicago Title Insurance Company
5875 Trinity Parkway, Suite 210
Centreville, VA 20120
Ph. 703.815.6782
Fax 703.815.4374
copelandp@ctt.com
Karenlee Oreo
Executive Director
Milton, GA 30004
Phone: 770.754.3117
Fax: 770.754.6142
vlta@vlta.org
Timothy L. Akers
Past President
Stewart Title Guaranty Company
1802 Bayberry Court, Suite 305
Richmond, VA 23226
Ph. 804.897.0000
Fax 804.897.0001
takers@stewart.com
Non-Voting
Committee Chairs
Lisa Lettau
Education
5641 Burke Centre Pkwy, Suite 229
Burke, VA 22015
Ph. 703.642.6002
Fax 703.642.6003
lisa@settlementgroup.com
Elizabeth G. Steele, Esq.
Legislative
14368 Sommerville Court
Midlothian, VA 23113
Ph. 804.419.2172
Cell 804.814.9036
esteele@firstam.com
Megan Meloon
Membership
Old Republic National
Title Insurance Co.
Manassas, VA 20110
Ph. 800.232.6817
Fax 703.543.0647
mmeloon@oldrepublictitle.com
Megan Meloon
Events
Old Republic National
Title Insurance Co.
Manassas, VA 20110
Ph. 800.232.6817
Fax 703.543.0647
mmeloon@oldrepublictitle.com
E. Claire Kennett, Editor
The Examiner
Roanoke Valley Title Insurance Agency, Inc.
2843 South Jefferson Street
Roanoke, VA 24014
Ph. 540.312.6336
Fax 540.400.7848
clairekennett@cox.net
Debbie Keplinger
Public Relations (PR)
5641 Burke Centre Pkwy, Suite 229
Burke, VA 22015
Ph. 703.642.6002
Fax 703.642.6003
debbie@settlementgroup.com
www.vlta.org
from the President
I
2012 non-profit and professional associations
face many challenges not the least of which is the
perceived value of the association to its members.
Changes in the economy, the need to work harder
and smarter with less staff, demands of family life
coupled with changes in employee attitudes have
really chipped away at the time people have or are
willing to devote to volunteer activities. Working
people in the title industry and elsewhere are working longer hours with the same or even less pay.
These are all contributing factors that have put a
strain on volunteer organizations. Recruitment and
member retention are much more challenging as
is the active participation of remaining members.
In Virginia, the population of licensed agents has
dropped by half since 2006. The agents that remain
are consummate professionals, overworked but true
professional agents. Title insurance underwriters
have also been hit hard. They have merged, restructured and changed many business practices in an
effort to remain solvent financially, provide agent
support and deliver a solid product to the consumer.
Some underwriters have even been forced to close
their doors. Despite the doom and gloom and
downside market conditions, VLTA membership
numbers have held steady since 2006.
Continuing Education (CE) is required to
maintain a title insurance license. CE credits are
designed to ensure you are kept abreast of regulatory and legislative changes that impact the industry
as well as to provide an opportunity for you to
hone your knowledge on everything involved in the
process of providing title insurance. Are CE classes
something you take to simply meet your licensure
requirements or do you desire to learn and develop
yourself as a title professional? If professional development is important to you VLTA continues to be
the leader in providing quality continuing education.
The Annual Convention and the Fall Symposium
are loaded with sufficient hours to meet your
education requirements and simultaneously develop
your professional skills. The Fall Symposium on
October 5th at the Norfolk Marriott will feature
nationally renowned title industry expert Karen
n
by
Paul M. Sawtell
Dominion Title Corporation,
VLTA President
2011-2012
www.vlta.org
Koogler, teaching everything you need to know
about the Consumer Financial Protection Bureau’s
(CFPB) new requirements for the GFE, TIL, and
Settlement Statement expected to be released this
summer. Ms. Koogler serves as a consultant with
the CFPB and other state legislative bodies on settlement practices and procedures. If you attended
our 2009 RESPA Symposium I am sure you know
this symposium will be extremely enlightening. It
is a one day education affair, no cocktail hours, no
banquet- just drop-in and learn.
VLTA launched Regional Networking Meetings
last year and found them to be extremely
popular and beneficial to our members. We
will host regional meetings on June 14, August
9 and November 8 in Manassas in Northern
Virginia; June 21, August 23 and November 15
in Richmond; July 12, August 16 and December
13 in Virginia Beach. These meetings will offer
1-2 hours of CE credit and other membership
opportunities. We have future plans to expand
in education, content and geography to reach our
members in the western and southwest regions of
Virginia. Personally, I think these events are one of
the crowning achievements of VLTA.
VLTA has met, talked, sought outside consultation, and discussed the issues impacting our
industry with its members and the Bureau of
Insurance. VLTA leadership understands that in
order to be effective, VLTA must be of value to all
of its members. VLTA will continue to implement
the Certification Programs for Title Examiners
and Settlement Agents. These efforts to raise the
bar on education and elevate the professionalism of our industry are immensely popular with
our members and other VLTA stakeholders. We
will continue with our efforts to legislate these
programs as requirements for doing business in
Virginia.
This snapshot of our leadership agenda shines a
light on some of the value you receive as a member
of VLTA and allows you to see programs initiated in 2011-12 that will come to fruition in the
upcoming year. VLTA Examiner Volume 18, Number 2 • Summer 2012 5
from the Executive Director
In case you’ve missed the
memo…
I
t’s the end of the biennium
by
Karenlee Oreo
Executive Director,
and your continuing education credits will be due at the end of
the year.
Consider supporting your professional association
by securing your needed credits through VLTA only!
It shouldn’t be about just getting credits; what about
the quality? VLTA is the only provider in Virginia
that offers quality education on relevant topics from
some of the brightest minds in the industry.
VLTA spends many of its resources “raising the
bar” for the profession, paving the way for successful
transfer of title. That’s reason enough to support
VLTA in every way possible.
VLTA offers several convenient ways for you
to meet your requirements. Be sure to bookmark
www.vlta.org for all our education offerings.
n
n
Self-Study Published Courses – A popular way
to earn credits is from our library of Self-Study
Published Courses. These can be completed at
your leisure without ever leaving your office.
So if time is an issue and education credits are
needed, why not consider one of our self-study
courses?
GoToWebinar Seminars are 90-minute webbased seminars. Each session provides convenient, quality learning at an affordable price.
Participants will be able to see materials, hear
an instructor and ask questions in real time.
Topics include Unclaimed Property, Short Sales,
etc. for credit and a number of FREE sessions
(no credit) on business related topics.
n
Regional Networking Meetings - These meetings provide 2.0 hours of continuing education,
a chance to network with others in the industry
and at a location closer to the office. It’s a winwin!
n
Fall Symposium - Save the Date, October
5, 2012 (Norfolk). The Consumer Finance
Protection Bureau (CFPB) is scheduled to
release the new three page settlement statement/GFE/TIL in late July. Our symposium
will guide you through all of the changes under
the tutelage of nationally known expert, author,
and instructor Karen Koogler, a highly regarded
master of the title industry profession. The
symposium will cover RESPA updates and
include an afternoon session worth 3.0 hours of
ETHICS.
Our website, www.vlta.org, is a gold mine of
resources available to you. Be sure to spend time
cruising the site. VLTA is the leading sponsor of
professional development courses, and provides busy
title professionals with the tools to pursue the necessary credits to maintain their licenses. We combine
technological innovation with quality content and
exceptional customer service to give title professionals the best learning experience available online.
Hope to see you at one of our events this year! from the Editor
by
E. Claire Kennett
Editor-In-Chief
As title professionals, we strive to do the best job that we can for our customers. We place title
search orders with qualified examiners and diligently review their reports and supporting documents. We produce commitments, clear title objections, conduct settlements and issue final policies.
We do all of this and more while meeting customers’ deadlines and managing our businesses in a
slow economy. The VLTA assists and supports us in all of these areas through lobbying, continuing
education and publishing informative articles by industry professionals. In turn, we should give back
by participating on committees, supporting our PAC, attending events and increasing membership
by telling others of the value that VLTA provides. As you consider this, we hope that you will take
time to enjoy this issue of the VLTA Examiner! 6 VLTA Examiner Volume 18, Number 2 • Summer 2012
www.vlta.org
Marketing
Do it Yourself Marketing
The Brave New World
of Marketing Communications
Y
ou’d have to be living under a rock
by
Brian Rieger
Principal
True Impact
Communications
www.vlta.org
not to
realize that the settlement services world, much
like the wider world, has undergone massive
transformation in the last ten years. We check our
transactions with smart phones. We text message
our clients. We check on the status of an order from
anywhere without ever touching a telephone. And
yet, many of us still believe marketing consists of a
sales person toting a flyer.
Not that there’s anything wrong with that. But,
the fact is, marketing has moved forward too.
The days of the “blast and pray” ad campaign or
saturation marketing initiative are all but gone. It’s
not enough to simply budget for marketing and assume that it’s merely a numbers game. Why? Three
reasons, really. First off, all of us, from the CEO to
the newest specialist, are absolutely inundated by
information on a daily basis. E-mails, e-newsletters,
text messages, phone calls and social media (not to
mention the Internet itself) have opened the floodgates to a surge of advertising, messaging and conflicting information. It means we have less patience
for information we never asked for (such as an e-mail
pitch). Second, many outdated marketing techniques
were based upon the fair assumption that the target
market and message recipient didn’t have much
access to information about the product being sold.
The information turnstile was controlled by past and
present customers, and, of course, the firm marketing
its own product. We had to rely on the good word of
the firm pitching its wares…and, of course, the word
of others who had used their services before. Today,
however, that turnstile has been swept away. It’s far
easier than it has ever been to learn about a product
or service from objective parties. In many cases, we
can do this without ever seeing a sales person. We
don’t need the direct marketing material to figure out
what XYZ Corporation is selling. Finally, as a society,
we’ve become cynical. This is the point where I
mention Watergate, Enron, Lehman Brothers, etc.,
etc. Most of us no longer inherently trust that a
marketing message is 100% honest (to the detriment
of those that are authentic).
The result, of course, is that you have to work
harder to make your prospects recognize and select
you and your product.
Here are just a few things that have gone the
way of the Burma Shave signs in the wide world of
marketing communications.
Carpet Bombing: Sales may, indeed, be a “numbers game.” But marketing is not—not anymore. Yes,
we use numbers to measure effectiveness where we
can, but we can no longer assume that if we are “in
front of” the prospect repeatedly, we will almost
automatically get the business. Sending too many
e-mails (even good ones) more likely than not means
you will be consigned to the “black list,” where
SPAM goes to die. Sending too many marketing
mailings, in addition to emptying your budget, will
render ineffective what you do send, condemned to
the circular file. Even a heavy-duty public relations
campaign, if not done thoughtfully and strategically,
may not translate into sales like it once would. In
short, it’s not how often you touch your prospects
and clients (although some repetition is, admittedly,
necessary). It’s how effectively and clearly you get
your key message to them.
Direct Marketing—What’s in it for me? Our target
markets receive way too many e-mails on a daily
basis. Well-meaning e-newsletters, industry publications, directives from superiors, inquiries from
clients, reminders about the birthday party for the
boss later today… you get the point. So when we get
yet another unsolicited e-mail (or call, or mailing, or
request to join a Facebook group) asking for something from us, we tend to mentally filter it out (a 21st
century way of saying “ignore it”). It’s not enough
for our marketing messages to inform the recipient
of what we do and what we’re selling. The marketing itself has to provide value. If it’s not entertaining,
it needs to be informative. And it needs to be unique. That’s why
e-newsletters (good ones, though) have become so much more
popular. Content marketing is becoming a standard approach, and
those seeking to receive a return on their marketing investments
would be wise to consider it.
want to touch with a ten foot pole? Our need for effective marketing
is only increasing, and the way to do it is to pay attention to what our
prospects expect. A good flyer, a good sales team and a good referral
network are all you need.
Maybe. And maybe not. Admittedly, ours remains a relationship-based industry. There is no better marketing than wordof-mouth or referral. Then again, now more than ever, our key
contacts are moving to other companies, retiring or being forced to
consider other vendor options, even if they’ve worked with us for
15 years. Marketing communications—be it advertising, sponsorship, public relations or social media—is no longer a “nice-to-have.”
At least, not for those hoping to keep the sales funnel full. Your
prospects want to see a good, informative website, not just a flyer.
You may have prospects you didn’t know you had out there. That
is, if they have a way to learn about you beyond the reach of your
Rolodex or contacts list. We live in an era when there is no room
to stop and take a breath. Things continue to change, and firms in
our industry need to be constantly on the lookout for new sources
of business. Remember when REO work was something we didn’t
About the Author
Brian Rieger is a reformed litigator with ten years of public relations and
marketing communications experience. He has served the title and settlement services industry for seven years, providing marketing and PR counsel
for mortgage lenders, national underwriters, commercial real estate firms,
technology developers, title agencies and vendor management companies.
He is the principal of True Impact Communications, a national, full service
marketing and public relations consultancy serving clients of all sizes across the
mortgage, title and settlement services industry. He has been published in ALTA’s
Title News, TAVMA’s quarterly newsletter and Scotsman Guide, and has ghostwritten articles published in Mortgage Banking, Origination News, Title News,
Secondary Marketing Executive and more. He also co-publishes Real Estate and
Mortgage Executive, a free, industry-focused newsletter. Brian has presented
on marketing and public relations topics at the TAVMA annual conference,
ALTA Annual Convention, ALTA Business Strategies Conference, The National
Settlement Services Summit, the Ohio Land Title Association Annual Convention
and several local seminars.
You can learn more about Brian or read his blog on similar topics at www.
trueimpactcommunications.com.
Regional Networking Meetings
VLTA is happy to introduce a series of networking meetings of the 2012
year. It’s the end of the biennium and members need more opportunities to
obtain continuing education credits. These meetings provide 2.0 hours of
continuing education, a chance to network with others in the industry and
at a location closer to the office. It’s a win-win!
Northern Virginia
Richmond
Hampton Roads
7:30 – 11:30 a.m.
7:30 – 11:30 a.m.
7:30 – 11:30 a.m.
June 14, 2012
August 9, 2012
November 8, 2012
June 21, 2012
August 23, 2012
November 15, 2012
July 12, 2012
August 16, 2012
December 13, 2012
Regional Networking Sponsors
www.vlta.org
Septic System “Walk-Over
Inspections” — The Real Story
T
are referred to
n Do check all fixtures in the house that transport
in the real estate and pest control industries as
water.
“Septic System Walk-Over” Inspections. They are n Do uncover the septic tank inlet and outlet ports.
called that for the simple reason that the inspection
Record the liquid level, sludge depth and scum depth.
involves simply walking over the septic field to ascern Do uncover the distribution box. Properly evaluate
tain if there is any evidence of a problem...normally
to determine that the water is not backing into the
in the nature of effluent rising to the surface of the
header lines or distribution box.
ground if the drain field is not working correctly.
n Do inspect the drain field or absorption area. Are
In late 2006, in a conversation with Karl Rudolph,
there lush spots, wet spots, etc. apparent?
Environmental Health Technician Specialist and
n Draw an “as built” diagram of the system.
Certified Professional Soil Scientist for the Virginia
An inspection of an existing system is of little value
Department of Health, he had this to say about “walk
if
the
house has been unoccupied for weeks or months.”
over” septic inspections.
Dr. Donald Sterne, former Director of the
“In 2001 the Virginia General Assembly amended
Fredericksburg Area Health Department, describes a
the code of Virginia to read: in order to use the title
Septic “Walk-Over” Inspection, stating:
of ‘accredited septic system inspector’ in connection
“That it is at best a meaningless exercise and at
with any real estate transaction an applicant shall
worst a fraudulent exercise, providing a sense of probe credited by the National Sanitation Foundation
tection to the prospective buyer that is not warranted.”
or an equivalent national accrediting organization,
Performing Septic “Walk-Over” Inspections is not
which accreditation shall include the passage of both
a
service
that we at PermaTreat feel we can provide
a written and practical examination on the principals
in good conscience. PermaTreat recommends that all
and practice of septic system inspections. The above
septic inspections be performed by a qualified and
legislation does not prevent an unqualified individual
accredited septic system inspector, who will perform
from performing septic inspections provided they do
a thorough septic system inspection. I seriously doubt
not use the title of ‘accredited septic system inspecif any Pest Control Inspector is willing to go to the
tor’. These individuals, accredited or not, are not
extent to provide a thorough and complete septic
regulated.”
system inspection. At best the Pest Control Inspector
Mr. Rudolph went on to say, “Regardless of who
may be able to recommend a qualified Septic System
inspects an existing septic system the individual
Inspector.
should follow a systematic approach that should
Realtors, homeowners and pest control professioninclude the following steps:
als
should be aware of the liability assumed by allown Visit the local health department and obtain a
ing
unqualified individuals to do Septic “Walk-Over”
copy of the file on the property in order to identify,
inspect and report on the existing system. Without Inspections. this record it is unlikely
that any inspector can
bout the uthor
perform a complete and
Joseph R. Wilson has owned and operated PermaTreat Pest Control of Fredericksburg since
accurate assessment of
1982. He has served as Past President of the VA Pest Management Association and is a current member of the Commonwealth’s Pesticide Control Board. Joe attended Washington and Lee University
the system.
hese septic system inspections
by
Joseph Wilson
CEO,
PermaTreat Pest Control, Inc.
In an attempt to
provide Real Estate
agents a “one stop
shopping” approach
to buying or selling
a home, many Pest
Control Companies
have begun to
advertise Septic
System Inspections
in addition to Wood
Destroying Organism
(Termite) reports.
A
n
Note: Many jurisdictions
are now requiring septic
draining and cleaning every
five years by Certified Septic
System Companies.
www.vlta.org
If possible, interview the
occupants or previous
occupants of the property in order to gain
valuable information
about the property.
A
and the University of Richmond. Joe has and continues to be very involved in the Fredericksburg
community. He has served as past member of the Board of Directors of the Fredericksburg Area
Builder’s Association; former member of the Fredericksburg City Council (2000-2004); former Vice
Chairman of the Fredericksburg Regional Chamber of Commerce; former Chairman of the Legislative
Affairs Committee for the Fredericksburg Regional Chamber of Commerce. Joe is a current member
of the Commonwealth’s Virginia Fire Services Board appointed by Governor Kaine and a member of
Virginia Health Reform Initiative appointed by Governor McDonnell. He served as the Past Chairman
of the Germanna Community College Board of Directors and is currently a member of the University
of Mary Washington Board of Visitors. Joe was named Distinguished Citizen of the Year in 2005 by the
Fredericksburg, Virginia Chapter of the Jaycees.
CFPB Integrative
TILA-RESPA Reform
What do you see as the biggest hurdle
regarding the Integrative Rule?
by
Karen E. Koogler
President/CEO
The Koogler Group, L.L.C.
Recently, we had the
opportunity to speak with
Karen about her thoughts
regarding the Integrative
rulemaking process and its
impact on independent title
[settlement] agents.
The Koogler Group is an
educational design firm
specializing in prelicensing,
job skills training, continuing
education, and regulatory
compliance programs for
the title insurance industry.
Established in 1986, the firm
is the leading independent
provider of title insurance
programs, products, and
services in the United States.
In 1993, Karen Koogler, CEO,
began authoring title agent
licensing textbooks for the
title insurance industry and
teaching prelicensing courses
in Florida [1993], Indiana
[2005], and Virginia [2008].
She continues that work at
a national level, today, with
a series of Multi-State Study
Manuals directed at title agent
licensure and closing agent
and title examiner licensure or
certification.
For the CFPB, the most difficult aspect
is amending and integrating the disclosure
requirements of Reg. Z [TILA] and Reg. X
[RESPA]. Creating integrated model forms is an
important first step. However, it pales in comparison
to integrating the disclosure requirements of the two
Acts, so as to effectively guide compliance, facilitate
implementation, and support usage of such forms.
For the title industry, the current biggest hurdle
is getting the CFPB to recognize the significant role
title [settlement] agents play in protecting consumers’ rights. The industry lost a lot of traction in the
2008 RESPA Final Rule, through the fine print of
the GFE and the requirement that loan originators
provide a separate written list of selected and identified providers in conjunction with the GFE. This
encouraged many lenders to affiliate more closely
with national providers of settlement services, while
putting many micro-agents [those with 1 to 5 employees, generating $250,000 to $500,000 in annual
revenues] out of business. I first addressed the “Plight
of the Microscopics” in 1995, in TechnoTitle 2020:
FutureFocus on the Settlement Service Industry.
Do you see the role of title [settlement] agents being
further eroded by the forthcoming Integrative Rule?
There is certainly that risk. The 2008 Final Rule
defined third-party as a “settlement service provider
other than a loan originator” which relegated title
[settlement] agents to the ranks of appraisers,
surveyors, and pest inspection companies. Although
HUD assured us, in writing, that the definition was
a typo that would soon be corrected – stressing that
HUD did not view title agents as a third-party – such
correction was never made.
Why is that important?
Both RESPA and TILA focus primarily on the
lender [“creditor” under TILA] and the borrower
[“consumer” under TILA] in relation to the mortgage
loan transaction. The CFPB is responsible for amending and integrating the disclosure requirements of the
Acts, along with addressing new disclosure requirements required under Title XIV of the Dodd-Frank
Act as well as elements of earlier [2009-2010] Fed
proposals regarding closed-end mortgages. Even if
the CFPB recognizes the significant role title [settlement] agents play in protecting consumers’ rights – it
is not likely to shift the Bureau’s narrow focus on the
triple-legged stool that is the mortgage, the lender, and
the borrower.
Title agents, especially those who function primarily as settlement agents, risk being pushed aside in the
upcoming regulatory reform process. It is important
for independent micro-agents to actively participate
in the process, by providing commentary on the
CFPB Proposed Rule once it is released. That’s why
our company developed the Integrative TILA-RESPA
Reform Program; to provide a detailed synopsis of the
Proposed Rule with suggestions on how micro-agents
can best plug into the regulatory reform process, so
as to protect their future while, at the same time,
protecting consumers’ rights.
Can you provide specific examples that explain your
concern for micro-agents?
Three specifics, that bundle together, include
the new Settlement Disclosure, and CFPB thoughts
on who should prepare it and how early consumers
should receive it. In the worst-case scenario – for title
[settlement] agents – the CFPB would use its current
sample [5-page] Settlement Disclosure as the Final
Rule approved form. Since most of the information
contained in the form must be provided by the lender,
the CFPB is considering [amid two other alternatives] making lenders responsible for preparing and
delivering the Settlement Disclosure to the consumer.
In addition, the CFPB is pushing for the Settlement
Disclosure to be provided 3 days prior to closing.
The combination 1-2-3 punch, under the worst-case
scenario, would encourage lenders to bring the settlement process in-house, by acquiring or affiliating
with existing title companies, or further reducing
the number of “selected” providers to a concentrated
“controllable” few. Common sense, coupled with
industry history, points to national lenders partnering
with national title insurance companies – those with
settlement/escrow footprints large enough to stomp
out regional and local [independent] providers.
Reprinted with permission by The Koogler Group, LLC.
www.vlta.org
That paints a pretty grim picture. Any possibility you could be
wrong?
Let’s hope so! The worst-case scenario is just that. Worst case.
Keep in mind that state law can impact the end result – a prime
example being, under Virginia law, that borrowers have the
right to choose the settlement agent who conducts the closing.
Unfortunately, for consumers, few states have followed Virginia’s
lead. At the federal level, there are many moving parts of the puzzle,
including the Settlement Disclosure form, the responsibility for
preparing it, and the requirement for early delivery – coupled with
expanded tolerance provisions that, if enacted, would push lenders
even closer toward utilizing acquired, affiliated, or selected providers. However, all those elements are moving parts – which, when
combined in different ways, create a variety of potential outcomes.
In February, The Koogler Group released the first in a series
of Educational Bulletins on the changes that can be expected in
conjunction with the CFPB’s Integrative TILA-RESPA Reform
measures. The FREE 24-page Bulletin may be downloaded
at www.KooglerGroup.com by clicking Integrative TILA-RESPA
Reform Program on the homepage [the “download” box is at the
upper right corner of the Program page]. The Bulletin includes
comprehensive coverage of the following topics:
n
CFPB Releases Final Round of Draft Disclosures
n
Preview of Coming Attractions
n
Rulemaking and Implementation Timeline
n
Making Meaning – Clearing Confusion
You mentioned the impact of state law. Doesn’t RESPA, being
federal, automatically override state law?
n
Preliminary Terms and Terminology
n
Settlement Costs, Fees, and Tolerances
Not necessarily – especially when it comes to consumer protection. Where state law gives greater protection to consumers, RESPA
yields to state law. Provider selection [e.g., a borrower’s right to
choose] is in the best interests of consumers – whether choosing a
title insurance company [RESPA Section 9] or choosing a settlement
agent [e.g., Virginia state law]. Therefore, in states that do not currently have such laws, it would be in the best interests of consumers
and title [settlement] agents, to push for state laws that provide
borrowers the right to choose the settlement agent. This could help
curtail proliferation of affiliated business arrangements and undo
any unintended consequences of poorly-worded federal “rules.”
n
Proactive Implementation Support
n
Anticipated Rule Impact on Independent Agents
n
Economic Impact on “Small” Business
n
Overview of Draft Disclosures
n
Tupelo Bank Loan Estimate
n
Basswood Bank Settlement Disclosure
n
Summary and Links
n
Integrative TILA/RESPA Reform Program Overview
You’ve given us the “worst-case” scenario. Is there a “best-case”
scenario?
The “best” best-case scenario would be for the CFPB to take a
nice, long vacation – far, far away from the rulemaking process.
Since that won’t happen, the “next” best-case scenario would be
for the Bureau to rework the Settlement Disclosure into a Final
Disclosure tied specifically to those elements contained in the current sample Loan Estimate which integrates the TIL and GFE – then
either modify the current HUD-1 settlement statement by removing the Page 3 comparison of costs or, even better, revert back to
the HUD-1 that was in place prior to the 2008 RESPA Final Rule.
HUD should never have tied the GFE and HUD-1 forms together
to begin with. Doing so virtually ensured that the HUD-1 would
change each time the GFE changed. That could have been easily
avoided had HUD and the FED worked together early on to create
an integrated TIL-GFE. Had they done so, the HUD-1 settlement
statement would have likely not been pulled into the fray in the first
place.
That aside — since you can’t un-ring a bell — we can and should
put “polite pressure” on the CFPB to leave title [settlement] agents
out of the upcoming “Disclosure Debacle” as much as possible.
With very little effort, the CFPB could undo [reverse] what HUD
did in 2008, by focusing solely on an integrated TIL-GFE Loan
Estimate flowing into an integrated Final Disclosure [thereby
turning 3 disclosures – initial TIL, initial GFE, and final TIL – into
2] and restoring a simplified HUD-1 settlement statement. In
addition, the CFPB should publicly recognize the significant role
www.vlta.org
title [settlement] agents play in protecting consumers’ rights, by
giving borrowers the right to select their own settlement agent.
Consumers are always best-served when settlement is conducted
by an impartial party. Doing so would head us away from lender
acquired, affiliated, or selected providers. As for a mandatory 3-day
advance inspection of final costs and fees, under the best-case scenario, the information lenders need to provide their Final Disclosure
[best-case scenario “invented” form for purposes of discussion]
is the same information title [settlement] agents need to prepare
the HUD-1 settlement statement. Therefore, if the CFPB wanted
to require advance inspection of the Final Disclosure AND the
simplified HUD-1, we could accomplish that. Better yet, if the Final
Disclosure were inclusive of all costs and fees, it could alleviate the
need for advance inspection of the HUD-1 altogether – allowing
title [settlement] agents to present the HUD-1 at time of closing.
What do you predict will happen?
Much will depend upon whether or not the CFPB abides by the
purpose for which it was created, which is to protect consumers.
If it does, the Integrative TILA-RESPA Final Rule will fall midway
between the best-case and worst-case scenario, leaning toward bestcase. If, instead, the CFPB “walk” does not match its “talk” we will
see the Bureau complete the job HUD began in 2008, which is to
further strengthen lender control of the mortgage loan transaction,
thereby further eroding consumer rights. At this juncture, I prefer
to adopt a trust-but-verify approach with the CFPB, in general, and
the Integrative TILA-RESPA Rule, in specific – albeit, with just the
“teeniest smidgen” of room between trust and verification. VLTA Examiner Volume 18, Number 2 • Summer 2012 11
1
Crossword
2
3
Across
1.
5.
7.
9.
11.
4
13.
6
5
7
14.
15.
9
8
10
11
12
16.
Going the notorious route?
Person receiving property.
Having the same extent in time or
space.
Editor of Examiner.
Name of a company doing releasing.
The estate of a husband in the lands
of his deceased wife.
Right to travel out from a property.
What courthouse was the scene
of the bloodiest battle of the Civil
War?
What instrument is used to convey
property?
Down
13
2.
14
15
16
Solution on page 21
Renders oral contracts
unenforceable.
3. Who regulates title premiums?
4. What are written questions sent to
parties in litigation?
6. What action converts tenancy by
the entirety to a tenancy in common?
8. Division of land into three or more
lots.
10. Until death does he part with title.
12. Name of company with best office
supplies.
The Membership Advantage
Standing together, our members are a powerful force
keeping the land title industry an integral part of protecting
interests in real property.
ALTA members get the very best information, advocacy,
education and networking opportunities.
Membership increases professional contacts, improves
industry knowledge and business success.
www.alta.org
service@alta.org
A LTA
www.vlta.org
ARTU
U
T
R
A
What would you do?
“Underwriting and claims solutions from Artu, Esq.” ARTU (Anal Retentive Title
Underwriter who is spending his time “down on the farm”), Esq. is the ideal title
insurance counsel — a problem solver who understands not only the legal issues,
but the reality of each particular risk determination and claim.
QUESTION
You are title company underwriting counsel and have been asked if you will
insure the following purchaser in a foreclosure. George Watkins purchased Lot
50 of Springdale Estates in 2006 which he encumbered with a $500,000 purchase
money deed of trust. In 2008, the IRS docketed an $80,000 lien against Lot 50, and in
2009, the subject real estate was sold in a properly conducted foreclosure including proper
notice to the IRS for $410,000, to GW LLC. You are advised that the sole member of the LLC is
George Watkins, and George’s counsel wants you to issue an owner’s policy without exception to the IRS lien
since it was “properly wiped out in the foreclosure.” How do you opine?
ARTU says “Not!” Title insurers worry about a court of equity regarding this later return of the borrower to
an ownership interest as a constructive redemption and a reinstatement of all liens against the property. ANSWER
Business Etiquette
I
by Terri Stitzer, DTS Titles, Inc.
n a society
where looks are “everything”, not everyone
would agree with that statement. I’d like to say that I fall
into the category of “don’t judge a book by its cover”, but
I sometimes find it difficult. I do consider appearance. Why
in the world would this subject apply to the Clerk’s Offices?
Well, we are “judged” very often by our “cover”. Think about
who is in the Courthouses: judges, attorneys, mediators and
many other professionals. Attorneys will instruct their clients
to dress appropriately if they are to stand before a judge to
show respect and sincerity. How many attorneys do you
see show up for court in unsavory attire?
Over the years, the title insurance industry has
received negative publicity. There have been questions
about the necessity of a new policy when property has
been insured under a prior policy. Premium rates have
been under attack, the list goes on. If you’ve conducted
a closing, you’ve heard it all! Consider this: if you are
sitting across the table from your client and you are
wearing a sweat shirt and jeans, would you be viewed
as a professional? Just as standing before a judge,
would you be viewed with respect and sincerity?
Our industry has changed dramatically in the
last decade with on-line systems making it not
necessary to go to the record rooms in many jurisdictions. So who would know if you’re working from home in your pajamas? Unless you
use a web-cam, no one! I actually do work in my “P.J.’s” from
home because very often, I’m working very late or very early
hours and trust me, you don’t want me to have a web-cam!!!
But I do go to the court house every day and I don’t wear my
pajamas! The pajama look is for the “on campus” students.
Now, on the behalf of the abstractors out there, working in
the record rooms do come with hazards — old books covered
in dyed, crumbling leather, dust, dirt and don’t get me started
about the metal rods sticking out of some of the bindings.
Let’s just say I’ve ruined many a sweater. The racks where
the books are stored haven’t been cleaned in…, well, they
just haven’t. I can appreciate not wanting to ruin your
clothes!
Here’s my point: most companies have dress codes;
city/county employees in the record rooms have dress
codes. If you are an independent abstractor you don’t
have to abide by a dress code but I assure you, you are
being viewed by your “cover.” You better have charm
and expert skills to overcome a negative “cover.” Look
at the employees around you and get a sense of what
is acceptable. Perhaps flip flops, cut off jean short
shorts, plunging tank tops, midriff belly showing tops, raggy t-shirts, etc., should be left out
of the record rooms. Let’s team up together
and give our industry the best professional
image possible! www.vlta.org
Civil War Sesquicentennial
A
150th anniverIn June of last year, as part of our own sesquicensary of the Civil War, we are presented with
tennial commemoration, we launched Campaign
many unique opportunities. We can expand
150: Our Time, Our Legacy. In this campaign, we
the narrative structure in which the Civil War is
seek to raise $40 million over the course of the
taught, including more thoroughly incorporating the
sesquicentennial — money that we calculate will
experiences of African Americans, women and other
allow us to reach a total of 50,000 acres preserved.
minorities; we can embrace technology as a way to
Moreover, funding in this program will enable us
bring the past alive like never before; and, through
to put significant resources into continuing our
public-private partnerships, we can make great
tradition of education excellence — our worldstrides toward assuring that the hallowed ground
class website and our “Battle Apps,” GPS-enabled
where this history unfolded is protected for future
multi-media smartphone tours. Already, more
generations of Americans.
than 41,000 people have downloaded titles in this
At the Civil War Trust, a nonprofit organizarapidly growing series, which is made possible in part
tion with 55,000 members nationwide, we believe
through the support of the Virginia Department of
that land preservation provides a way to create a
Transportation.
permanent and lasting legacy of the current sesquiAnother top priority for our organization durcentennial commemoration. Once the current crop
ing the sesquicentennial has been the transfer of
of outstanding special events and exhibits is packed
Trust-owned inholdings to the federal government
away, the land itself will
remain as a testament to
our efforts and a permanent memorial to the
brave men whose sacrifice
shaped our great nation.
Using our members’
generous donations as
leverage against a variety
of government matching
grant programs, we have
already preserved 32,000
acres of battlefield land at
more than 110 sites in 20
states. Due to the sheer
number and magnitude
of battles fought in the
Old Dominion, more
than half of that land is in At Glendale Battlefield, left to right, Trust president Jim Lighthizer, Virginia Gov. Bob McDonnell,
NPS Director Jon Jarvis, Sec. of the Interior Ken Salazar, Trust Chairman emeritus John Nau,
Virginia.
s our nation marks the
by
James Lighthizer
President,
Civil War Trust
Richmond Superintendent Dave Ruth.
www.vlta.org
transferred 167 acres to the National Park Service — and announced a new, $1.25 million campaign to protect another 491
acres inside the park.
Back in Virginia, perhaps the biggest success story of this
transfer initiative has come at Richmond National Battlefield Park.
On February 1, Sec. of the Interior Ken Salazar announced that
as part of the Obama administration’s effort to promote tourism
and travel in the United States, $4 million in discretionary Land
and Water Conservation Fund money would be allocated to the
park, enabling it to acquire more than 300 acres of the Glendale
Battlefield from the Trust. We are exceptionally proud of our work
at Glendale; where once the National Park Service owned only a
single acre of land at the Glendale National Cemetery, soon there
will be a critical mass of battlefield land open for public visitation.
It is a pattern of success and partnership that we hope to continue
throughout the remainder of the commemoration. At Manassas National Battlefield Park. left to right: Trust Chairman emeritus John
Nau; Greg Sangalis, vice president of and chief counsel of Services Corporation
International, from whom we announced additional purchases; Manassas NBP
superintendent Ed CIark; Prince William County Supervisor John Stirrup; Virginia
Sec. of Natural Resources Doug Domenech; NPS director Jon Jarvis.
for permanent inclusion within National Park Service units. Over
our 25-year history, we have been fortunate to purchase parcels of
land within the authorized boundaries of national parks with the
intention that they would eventually become the property of the
American people. Now, by working closely with the Department
of the Interior, we are grateful to be able to realize this ambition as
we commemorate the events that occurred 150 years ago on those
landscapes.
This process began in earnest one day prior to the 150th anniversary of the Battle of First Manassas in July 2011, when we
joined officials from the National Park Service, Commonwealth
of Virginia and Prince William County to announce the official
transfer of 10 acres of hallowed ground from the Trust to Manassas
National Battlefield Park. Simultaneously, we announced a new
acquisition effort to protect a 44-acre parcel elsewhere within park
boundaries. Similarly, Trust representatives travelled to Tennessee
in February 2012 for the transfer of 15 acres to Fort Donelson
National Battlefield. In April, we were privileged to be guests at
the Tennessee Civil War Sesquicentennial Commission’s 2012
signature event commemorating the Battle of Shiloh, where we
About the Author
O. James Lighthizer has served as the president of the Civil War Trust since
1999. Prior to that, he was a partner with Miles and Stockbridge, Secretary of the
Maryland Department of Transportation, Anne Arundel County Executive, and
member of the Maryland Legislature.
www.vlta.org
16 HOUR PRE-LICENSING
EDUCATION COURSE
Effective July 1, 2008, anyone making application
for a title agent license must first complete a 16
hour pre-licensing education course, as set forth
in the Code of Virginia § 38.2-1814.1.
COURSE DATES AND LOCATIONS
July 27-28, 2012
Glen Allen, VA
Sept. 28-29, 2012
Herndon, VA
Nov. 16-17, 2012
Glen Allen, VA
COURSE FEES* AND REGISTRATION
MEMBERS $450 • NON MEMBERS $575** *Call about discounts for multiple attendees!
**Become a member of VLTA and register for the course (at the member rate) and get $25 off of the
membership dues. Both the member application and registration form must be received at the same time.
To register or for more information go to www.vlta.org
An Anecdotal Report
Virginia’s Courthouses and
Records in the Civil War (part ii)
by
R. Michael Smith
Brown, Brown, & Brown, P.C.
Photos/images contributed by
Jim Cooke
Fidelity National Title Group/
Virginia Beach Title Services
This article began in the last issue of the Examiner
with a few episodes in the Civil War involving
Virginia’s courthouses and “Court House” towns.
This part will look at damage to official records
maintained at the courthouses in Virginia and efforts
to avoid damage to those records during the Civil
War. Still to be discussed in a future issue is some of
the methods by which lost records were replaced or
alternative evidence of their content was accepted in
litigation.
Protecting (Or Not) the Official Records
and the Richmond Evacuation Fire
The bane of a title examiner is the gap in a title
chain that cannot be bridged because there are no
public records covering the gap. Certainly, that is a
lessened problem today as few title searches reach
back to an era before copy machines, data records, or
microfilm. Even today, however, some courthouses
have gaps in their records due to fire or water damage
occurring within the last 100 years.35
35 Consider, for example, Botetourt County which had complete and
As to title gaps, however, the Civil War has a
mystique. Other than fires attributed to causes other
than the Civil War, there is a perception among the
Virginia populace, if not among title examiners, that
courthouse records across the Commonwealth have
been extensively and willfully destroyed or damaged
by malicious Union troops or vile Yankee sympathizers. There is some evidence supporting that perception, but overall, there has been much less damage
to public records than commonly believed. Further,
Union mischief was not the sole cause of the actual
damage.
Bear in mind that Virginia in 1861 included
what is now West Virginia. That meant the
undamaged records until 1970. Fire severely damaged the courthouse
but the records were preserved. However, the records suffered such
extraordinary water damage as to be nearly lost. As a result, the General
Assembly passed the Virginia Public Records Act in 1975, Code of Va., Title
42.1, Chap. 7 (Virginia Public Records Act), §§ 42.1-76, et seq. Information
derived from A Guide to the Botetourt County (Va.) Minutes of the
Provisional Committee, 1861-1865, The Library of Virginia, retrieved
from: http://ead.lib.virginia.edu/vivaxtf/view?docId=lva/vi04137.
xml;query=;brand=default.
www.vlta.org
Commonwealth was a state of more than 100 counties. Excluding
the West Virginia counties, a report of burned court records
indicates that 14 counties have suffered damage to or loss of their
official records due to fire and another 25 counties have had damage
or loss of records due to causes other than fire (mutilation, scattered,
lost, ‘carried off’). Fourteen of those 39 counties attribute their loss
of records to events other than the Civil War. Another nine counties cite the Civil War as one of two or more events contributing to
their loss of records. In other words, only 16 counties claim the loss
or damage to their records occurred during the Civil War.36 In West
Virginia, only 11 of 39 counties with gaps in documents report loss
of official records arising from events during the Civil War.37
Official governmental records that were filed and stored at
county courthouses in Virginia in 1861 included those commonly
searched today by examiners: Deed Books, Judgment Books, and
Will Books. In 1861, however, those books not only were not
digitized, they were often hand-copied entries of the original paper
documents. Also, there were many more series of books just among
the land records – mortgage/deed of trust books, miscellaneous lien
books, order books, etc. Additionally, the official records included
clerk’s minutes, birth and death records, marriage licenses, and
court proceedings and evidence. There might also be some business
records, such as fictitious names and chattel mortgages.
Nevertheless, as far as land records are concerned, except for a
few counties, there was not extensive damage or loss. Substantially
more harm was caused to genealogical records – e.g., marriage
records, birth and death records – than to the deed books. Probably
the main reason for that is serendipity: more effort was likely exerted by clerks at saving the land books
when courthouses were threatened. Also,
the land books were more likely to be
bound and more easily transportable
than the other official records, many
of which would be classified as “loose
papers.”
That the official records throughout
Virginia were substantially damaged
is a popular legend. That the damage
was inflicted by Union troops intent on
destroying the secessionist South is also
the popular tale in Virginia and other
Confederate states. After relating some
stories on loss and protection of official
records, perhaps there will be a new
understanding on this latter belief.
About 35 counties in Virginia and
West Virginia report some level of
damage to public records due to the Civil War. Oddly, some of the
most seriously contested courthouses report only negligible losses.
Winchester Courthouse (Frederick County) changed hands more
than 70 times38 but no records of consequence are reported as miss36 Library of Virginia, VA-NOTES: Burned Record Counties, retrieved from: http://www.lva.
virginia.gov/public/guides/va22_burnedco.htm.
37 Scouras, Susan, No, No, No, No! The Kanawha County Courthouse Has Never Burned!!, West
Virginia Archives & History News, Vol. V, No. 3, May 2004, retrieved from: http://www.wvculture.
org/history/ahnews/0504news.pdf.
38 Old Court House Civil War Museum, fn. 23, supra.
www.vlta.org
ing. Bolivar, then the county seat of Jefferson County, West Virginia,
was handed back and forth between Union and Confederate forces
nearly a dozen times without reported damage to records.39 The
courthouse at Spotsylvania Court House was substantial enough to
withstand days of artillery bombardment leaving holes in the walls
that were not repaired for 20 years. The records were saved, however, from shrapnel or fire by the clerk of court, who arranged for
their removal from the building and burial at a secret spot. When
returned, one deed book and some loose papers were missing.40
Tales of extraordinary initiative by clerks of court abound.
Swamps were the destinations for hiding records by at least two
clerks. The clerk in Portsmouth secreted his records in the Great
Dismal Swamp. His derring-do is heroically described this way:
…(T)he archives of Lower Norfolk County were saved
from “the destruction generally suffered by such records
in the Civil War due to a level-headed county clerk, who
in 1860 loaded his precious record books into a covered
wagon and drove off into the Dismal Swamp, not to reappear until the fighting was safely over.”41
An Order of the County Court was entered in 1861 apparently
to fund this maneuver.42 (Since Portsmouth was occupied by Union
troops from and after the spring of 1862, his actions may not have
been necessary. The immediately surrounding jurisdictions, also occupied, report essentially no loss of records during the Civil War.43)
Similar steps were taken by Middlesex County’s Clerk, who hid the
records in Dragon Swamp at the source of the Piankatank River.44
Loudoun’s Clerk took an even more arduous path. Pursuant to
court order, he loaded the county’s records into a wagon and went
Original Lord Fairfax land grant in Fairfax County
39 A Brief History of Bolivar, Jefferson County, WV, retrieved from: http://www.bolivarwv.us/
history/A_SHORT_HISTORY_OF_BOLIVAR.htm.
40 Official website of the Old Courthouse at Spotsylvania, retrieved from: www.spotsylvania.
va.us/content/2614/147/2744/219/1810.aspx. Three additional books were damaged by
water.
41 Cross, Charles B., Jr., The County Court, 1637-1904, Norfolk County, Virginia, Printcraft Press, Inc.,
Portsmouth, Va., 1964, pp. 89-90, quoting from George Carrington Mason, Virginia Magazine of
History and Biography, Vol. 57, p. 405.
42 Cross, p. 89.
43 Burned Record Counties, fn. 36, supra. E.g., Princess Anne not reporting any damage.
44 Peters and Peters, p. 104.
The Lynchburg courthouse has a book with a doodle of a Union
soldier which was drawn in July 1865. The handwritten note is from
the Nottoway Deed Book.
south. Stories diverge as to where he went. One report is that he
went first to Campbell County (about 180 miles) and then moved
about when threatened. In any event, he seems to have been located
at Devil’s Kitchen in Rockbridge County (about 165 miles) in the
summer of 1865. He then came back to Leesburg. “’(The records)
were returned in good condition without the loss of a single paper,
or so much as the rubbing on the bindings of the books. The office
is now in good running condition except for a few minor papers
which were left behind.’”45
The Clerk of Rockingham County was not as fortunate as
Loudoun’s Clerk. He, too, spirited away by wagon the official
records. Unfortunately, he was overtaken by a scavenging party of
Union troops. Whatever could not be consumed was torched. The
books were lost to the flames.46
There was intentional destruction of public records. (There
was little damage resulting from actual combat. See Spotsylvania
above. Also consider that Petersburg was under siege and barrage
for nearly a year without reported records’ loss.) Nevertheless, the
impact of intentional acts was not great. Washington County, for
example, had its courthouse intentionally burned,47 but there was
only loss of one clerk’s minutes book and some loose papers.48 Arson
is notoriously random; fires have a mind of their own. Safes, vaults,
45 Divine, John, Hall, Wilber C., Andrews, Marshall, and Osburn, Penelope M., George K. Fox Saves
the County Records, Loudoun County and the Civil War: A History and Guide, retrieved from:
http://www.loudounhistory.org/history/loudoun-cw-court-records.htm. The referenced
court order is not in the order books, but the court might not have written it down or the clerk
might not have had time to enter it.
46 Burned Record Counties, fn. 36, supra.
47 See fn. 22 above.
and firefighting protected many records. Direct mayhem (mutilation, defacing, etc.) perpetrated on the record books is reported in
Virginia, but the impact, again, is minimal albeit permanent. The
intentional acts, however, were at Union hands.
At least three counties – Clarke, Nottoway, and Sussex — report
books in their courthouses have been cut by Federal swords. Sussex
avoided more serious damage to its records because the Clerk had
hidden most of them offsite before the Union troops arrived.49
Nottoway sustained serious records loss due to direct, intended
acts, but not fire. Because the courthouse served as a bivouac,50 it
is reasonable to assume that many books and papers were simply
carried off as souvenirs of war.
Disfigurement of some books has been seen. The retained information is still viewable and some of the ‘graffiti’ is almost whimsical. The Lynchburg courthouse has a book with a doodle of a Union
soldier which was drawn in July 1865. More well-known are the
notes written into books in Sussex and Nottoway. This was entered
in Sussex probably by a Union officer:
This indenture was made on the 11th day of Dec/64 in the Co. of
Sussex Va.
Know ye all people that this is the case that there is
to be one more vigorous and well directed blow against
the existing Rebellion while she is struggling in the
last throes of expiring agony.
O Fiddle Styx
49 Williams, Gary M., Where We Came From: A Synopsis of the History of Sussex County,
retrieved from: http://www.rootsweb.ancestry.com/~vascvhs/History%20of%20Sussex%20
County,%20Virginia.html.
50 See fn. 16 above.
www.vlta.org
Signed the Commanding Officer of the Cavalry Corps51
In large, florid script, Nottoway’s Deed Book 3 contains this
would-be Union preservationist’s claim: “Johney Reb: You can
thank me for saving Lawyer Jones’ books. I saved them because I
am sort of a Bunkel lawyer myself.”52
The Library of Virginia report on burned record counties (see fn.
36) divides losses of records into three categories: Hopeless, Almost
Hopeless, and Difficult. It places 22 counties into one of those
three groups. Of those 22, the Civil War is the era in which all or a
major portion of the losses occurred for sixteen (James City, New
Kent, Dinwiddie, King and Queen, Warwick, Henrico, Hanover,
Prince George, Elizabeth City, Gloucester, Caroline, Charles
City, Mathews, Stafford, Rockingham, Nottoway). Ironically, two
counties made it through the Civil War only to have fires destroy
their records shortly after – Nansemond in 1866 and Buckingham
in 1869.53
Of the sixteen counties above, assigning blame for the losses
is problematic. Stafford is probably attributable to Union troop
vandalism during the extended garrisoning in the County.54
Rockingham’s records were burned by Union troops, but the Clerk
had them on the road, placing them in harm’s way. The damage at
Dinwiddie was probably due to Union pillaging,55 but there also was
heavy fighting in the area over several days near war’s end. Also being near the end of the war and being a Federal bivouac, the damage
at Nottoway was most likely inflicted by Northerners.
Of the 12 remaining, five must clearly be laid at the feet of
Confederate troops and the other seven suffered damage from both
sides or the cause cannot be reasonably determined. Prince George
is typical of this latter group:
Since the county served as a field of operations for both
the Union and Confederate Armies, many buildings suffered extensive damage. The Prince George Courthouse
was ransacked and burned with many of its record books
and documents destroyed or carried away by treasureseekers. Private estates such as Brandon and many county
churches were also seized, ransacked, and damaged.56
James City County was also handed back and forth and suffered
from marauding parties on both sides. Eventually, its records, or
such as remained, were shipped to Richmond for storage.57
Five counties (Gloucester, Hanover, Henrico, James City,
and Mathews) lost their records during the Evacuation Fire in
Richmond, April 2-4, 1865. (Louisa also lost one book.) These
counties had all sent their records to the state capital for safekeeping. Upon the fall of Richmond, though, as they were evacuating,
Confederate troops (probably unaware of the presence of the re51 G.E.D., Survivor of the Raid, Civil War Times, December 2009, Vol. 48, Issue 6, p. 43, retrieved
from: http://search.ebscohost.com.ezproxy.liberty.edu:2048/login.aspx?direct=true&db
=a9h&AN=44650271&site=ehost-live&scope=site.
52 Peters and Peters, p. 80. Bunkel? Jim Cooke (who held, viewed, and took a picture of the book
page that is printed in this article) says that it actually reads Yankee, which makes sense. He
further says that the entry was made by Charles Cook of York, Pa., to whom he claims to be
unrelated.
54 Id. See, also, text at fn. 8 above.
55 Peters and Peters, p. 98.
56 Historic Prince George County website, retrieved from: http://www.princegeorgeva.org/Index.
aspx?page=38.
57 James City County unofficial website, retrieved from: http://www.jccegov.com/visitors/history.html.
www.vlta.org
cords) were ordered to leave nothing useful behind. The result was
devastation. One famous Virginia historian described it this way:
Davis and his Cabinet boarded trains for Danville, taking
with them the Confederacy’s small supply of gold and
many official papers. Warehouses in Richmond were
set afire by the retreating Confederates to prevent their
contents from falling into Federal hands, and the James
River bridges were put to the torch. A strong wind
sprang up and spread the flames. Soon the entire business
district from Main Street to the river was an inferno with
tongues of fire leaping into the sky. Many residences were
burning, and terror-stricken people fled for their lives.
The conflagration raged through the night of April
2-3, while mobs looted. They dipped whiskey from the
gutters, where it had been poured by authorities. The
arsenal and armory blew up, as the roaring blaze reached
the powder and ammunition. At 2 a.m., eighty-year-old
Mayor Joseph Mayo and a small delegation set out in a
couple of dilapidated hacks, drawn by starving horses, in
an effort to find a Federal officer outside the city who
could accept its surrender. …
The Federals came quickly and they behaved admirably. General Godfrey Weitzel, standing on the
Capitol steps, and looking down into “a gigantic crater of
fire,” ordered General Edward H. Ripley to put out the
conflagration as soon as possible, and to stop the looting.
Ripley’s men fell to, and did extremely effective work.
They were highly considerate of Richmond’s citizens and
protected the women from molestation. …58
The evacuating troops even disabled firefighting equipment to
assure difficulty in ending the blaze. Commenting upon this one
of the Union Generals wrote later: “There is nothing in the pages
of history more wantonly brutal and barbarous than the desperate
attempt of Ewell to burn the City of Richmond over the heads of
its defenceless (sic) and starving women and children, its sick and
wounded, without warning them of the fate which was hanging
over them. The Confederacy, like a wounded wolf, died gnawing at
its own body in insensate passion and fury.”59
Despite the efforts of citizens of Richmond and Union soldiers,
the records of the five counties were lost in the fire. Their loss may
have been an unintended consequence of an attempt to deprive
an enemy force of supplies, but their loss, nonetheless, was caused
by Confederate action. The magnitude of the loss (five counties’
records) only underscores the point that both sides were guilty
of destructive acts that removed vital documents from historical
stores and posterity. The belief that the damage was caused by vile
Yankees needs to be set aside or, at least, modified to accept the fact
that Southerners, even Virginians (Ewell was born in DC but grew
up in Virginia), perpetrated some of the losses.
58 Dabney, Virginius, Virginia: The New Dominion, Doubleday & Company, Inc., Garden City, NY,
1971, pp. 350-351. President Lincoln visited Richmond a few days later. A week later the city was
still smoldering. See, Smith Adelaide, Reminiscences of an Army Nurse During the Civil War, York
Printing Co., 1911, pp. 116-118. The considerate treatment of civilians was repeated in Petersburg.
See, Greene, p. 254.
59 Ripley, Edward H. (Brevet Brigadier General), Final Scenes at the Capture and Occupation of
Richmond, April 3, 1865, New York MOLLUS (Military Order of the Loyal Legion of the United
States), Vol. III, 1907, pp. 472-502. Retrieved from: http://www.mdgorman.com/Written_
Accounts/Periodicals/ny_mollus_vol_iii_pp_472502.htm.
Pages of Will Book 7
from Nottoway
Also, the
Evacuation
Fire event teaches
another lesson:
Union troops were not
uniformly vicious and unconcerned for Virginia’s legacy. In addition
to fighting the fire, General Ripley’s troops attempted to preserve
the historic valuables in Richmond. Throughout this article there
has been a focus on county official records, but historic state
records were housed in Richmond. Many of those were saved by
Union soldiers. General Ripley again:
Among the acts of vandalism we were happily able to arrest, before irreparable damage was done, was the sacking
of the Virginia State Library. An officer entering it found
the floor covered with the colonial and other records
in which it was so rich. They had been wantonly taken
from their cases and thrown around. A guard was at once
posted over it with imperative orders to let no person
pass without written permission from headquarters, and
when, several days later, I tried to enter it, it was with
difficulty I could persuade my own guard to let me pass.
The floor was yet covered with an interesting mass of
timeworn papers. I believe little real damage was done to
these valuable papers.60
If the Library had burned or if the Union guard had not prevented further vandalism, colonial records of inestimable value
might have been lost from the Commonwealth. This evidence of
the consideration the Union had for the legacy of Virginia must be
60 Ripley, Id.
stood up against all the beliefs (and, yes,
evidence) of the contrary.61
Courthouse and records damage were not
exclusive to Virginia. West Virginia was
mentioned above. Kentucky, a neutral
state until 1862, had 22 courthouses
burned, twelve by Confederates, eight
by guerrilla fighters, and two by “Union
accident.” Owensboro (Daviess County)
had its Union-occupied courthouse
burned in January 1865 by guerillas
(probably Confederate sympathizers)
but without loss of records.62 A genealogy website for Georgia lists only ten
Georgia courthouses as being burned
in 1864 or 1865, but not all of those
are attributed to Sherman’s March.
The same website laments that most
of Georgia’s lost county records are
due to arson and occurred at times
other than the Civil War.63
Nevertheless, Virginia’s loss of official records
due to events of the Civil War is unique among all the states.
Whoever may be culpable for those losses, the fact remains that
many vital documents were lost to flame, shell, theft, and sabre.
Filling the numerous gaps in title chains due to these missing
records will be the subject of the third and final part of this article,
which will appear in a future issue of The Examiner. To Our Readers: We solicit and appreciate your contributions. If
you are interested in contributing a local story, a local c ontact,
an image, or another article down the road, please contact
Michael Smith at brownfirm@lawyer.com or 703.924.0223.
61 There is other evidence also. E.g., Gen. Sheridan’s raiders (of Washington and Dinwiddie) are
believed to have spared Brunswick County’s courthouse and its documents when an officer
recognized a Masonic apron spread across the Clerk’s desk. Peters and Peters, pp. 98 and 100.
62 Kentucky historical highway marker, retrieved from: http://www.google.com/imgres?q=Ken
tucky+courthouses&hl=en&biw=1920&bih=759&gbv=2&tbm=isch&tbnid=AvySTG9VKjDU
1M:&imgrefurl=http://www.communitywalk.com/map/list/485872%3Forder%3D0&docid=
tR_HqlnijUOnFM&imgurl=http://markers.msudev.com/images/590a.jpg&w=400&h=300&ei
=6jl3T7m4BMrw0gG-y73VDQ&zoom=1&iact=rc&dur=734&sig=105826566526140339100&pa
ge=2&tbnh=131&tbnw=175&start=23&ndsp=50&ved=1t:429,r:1,s:23&tx=77&ty=37.
63 Georgia County Court, Probate, Tax and Other Miscellaneous Records, n2genealogy.com,
retrieved from: http://www.n2genealogy.com/georgia/ga-records-court.html#top.
www.vlta.org
Title Tips & Trivia
TITLE TIPS & TRIVIA
is a collaborative effort
with contributions from
Title Professionals all
over Virginia. We want
your comments and
contributions. Send us
your Title Tips & Trivia
for inclusion in this
ongoing column.
All submissions will
remain anonymous.
Send your emails to
ltr.inc@verizon.net
with the subject
matter line on your
email to read
Title Tips & Trivia.
Searching estates can be a bit tricky at times. As
title examiners, we are taught to look for and report
the facts of title — it is not the job of the examiner
to interpret or make judgments about the documents
found of record. When searching an estate, the examiner first checks to see if a Will, the Probate Order
and or List of Heirs is filed of record.
Recently I was doing a title search for a person
who had owned a great deal of real estate at the time
of his death. I found the will for my owner and in the
will there were specific bequests granting property
to specific devisees. As in my case, sometimes these
specific bequests may not be enough and the language
can be vague (* the names have been changed to
protect the innocent).
In this case, Article Two on page 2 of the Will
stated in Item A:
“I give, devise and bequeath to *John Smith,
*Smith’s Shopping Center on *Smith Landing
Road… encompassing all the stores and shops and
parking areas… , excluding Lots 158 & 159, Block J,
Smith Landing”.
This property was devised to *John Smith, Jr. who
was one of three children. The will went on later to
devise the rest and remainder of the estate to all three
children.
Crossword Solution
This bequest was vague in that it does not state the
legal description of the property, which consisted of
Lots 160 through and including 171, Block J, *Smith
Landing. Also, there was no evidence of record or
during the chain of title stating that these lots were
one and the same as * ‘Smith’s Shopping Center’.
Now, it may be and may have been ‘common knowledge’ that this property was * ‘Smith’s Shopping
Center’, but from a title examiner / title research
perspective we can only report the facts of record.
Also, there was no mention in the Commissioner
of the Revenue records referring to this property as
‘Smith’s Shopping Center’.
Therefore, it would be up to an attorney to make
a legal determination as to the interpretation of the
will. It is not a determination that the title examiner
can make. Until a determination is made, the examiner should run all the named devisees in the will to
current and report all the facts found of record.
REMEMBER:
n
n
n
n
n
Not all Circuit Court Land Records are the same.
Not all Title Examiners are the same.
Not all Title Abstractors are the same.
Not all Title Agents are the same.
Not all Title Insurance Underwriters are the same.
VLTA’s
Fall Symposium
VLTA’s Fall Symposium will be of VALUE to everyone
in this business! The Consumer Finance Protection
Bureau (CFPB) is scheduled to release the new settlement statement/GFE/TIL in late July. Our symposium
will guide you through all of the changes under the
tutelage of nationally known expert, author, and
instructor Karen Koogler, a highly regarded master of
the title industry profession. The symposium will cover
RESPA updates and include an afternoon session worth
3.0 hours of ETHICS.
Save the date,
October 5, 2012 in Norfolk.
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www.vlta.org
Questions & Answers for Title
Examiners and Underwriters
by
TUTE
The Unknown Title Examiner
Title Tips by Tute
is a regular feature in
the VLTA Examiner. Tute
offers interesting and
informative questions
and answers pertinent
to title examiners
and underwriters.
Tute may be reached
at www.tute.us.
We encourage our
readers to submit
their questions or
comments to Tute c/o
the VLTA Examiner.
Rumblings from Underground
My Dear Readers,
An old radio show called Amos ‘n’ Andy had on it
the following conversation: Amos asked the Kingfish
why he had such good judgment.
The Kingfish replied, “Well, good judgment comes
from experience.”
“Then,” asked Amos, “where does experience come
from?”
“From bad judgment,” answered the Kingfish.1
Mea culpa, mea culpa, mea maxima culpa.2 For almost a decade, well, maybe two decades, you have read
Tute’s little bits of doggerel addressing the trials and
tribulations of title examination and title insurance
underwriting. Someone, somewhere, must have gotten the impression that with so much to say over so
long a period, there must be a problem involving title
examiners. Do they lack the skills to successfully participate in our industry? Are the managers lowering
the hiring standards so any Tom, Dick or Harry(et)
can hold themselves out as an examiner? I apologize to
my compatriots in advance (after twenty years of commentary, I’m apologizing in “advance”? Do I remember
anything about verb tense from elementary school?) for
having motivated the powers that be to initiate a program to educate and test and license title examiners.
Let me be the first to tell you that it has not been
easy to find so much to write about. As some columns
surely reveal to all, sometimes Tute can find nothing
to say. Over the years, Tute has shamelessly reworked
advertising materials, training materials, reference materials, prior columns, and yes, questions from readers
and real life scenarios extracted from title notes, title
reports, title conventions, and (sometimes intoxicatingly exaggerated) story telling; 3 in short, it has all been
grist for the mill. There is, Tute must confess, one
hot button issue that is almost guaranteed to inspire
frothing at the mouth, sturm und drang, discontent,
1 Found in at least three places on the internet, so it must be true.
2 Through my fault, through my fault, through my most grievous fault.
“Mea culpa,” Wikipedia, http://en.wikipedia.org/wiki/Mea_culpa… or in a
more modern vernacular: “my bad.”
3 “Any story worth telling is worth exaggerating.” Attributed to Harry
Truman
www.vlta.org
a veritable gnashing of teeth. That one thing is people
who call themselves title examiners, but whose very
actions reveal they are anything but. May I illustrate?
Underwriter calls to the record room. “There is
a reference to a “less and except” in the report you
sent in. Can you send me a copy of Deed Book 100,
page 100, so I can see what was conveyed away?” Not
a problem, the copy is ordered and faxed in to the
office. Underwriter calls to the record room. “I need
a copy of the plat recorded in Map Book 10, page 10,
the plat that was referenced in the description in the
deed in Deed Book 100, page 100. Why didn’t I get
that at the same time I ordered the deed?”
The real answer… I swear… I heard the underwriter making the call (and never knew she knew words
like I heard after she hung up)… “I don’t read them,
I’m just a copier.” 4
That unsuspecting copier is (possibly) (one of)
(among others) the catalyst for the VLTA’s proposed
program to educate, test, and license title examiners. Perhaps there is a conspiracy5 to isolate the public
from the public records — one so secret, it hasn’t made
any of the official conspiracy theory websites.6 Tute has
been telling you this for years… title examiners are
the underwriters of first impression.7 Perhaps merely
new job titles will solve the problem: Title Examiner
Extraordinaire8 vs. Field Clerical Assistant.
4 Some people drink at the fountain of knowledge… others just gargle.
Quote page on the internet attributing to slogan on a refrigerator
magnet.
5 A conspiracy theory explains an event as being the result of an alleged
plot by a covert group or organization or, more broadly, the idea that
important political, social or economic events are the products of secret
plots that are largely unknown to the general public, Conspiracy theory,
Wikipedia, http://en.wikipedia.org/wiki/Conspiracy_theory
6 See, for example: Conspiracy Theories, http://en.wikipedia.org/wiki/
List_of_conspiracy_theories; and 33 Conspiracy Theories That Turned
Out To Be True, What Every Person Should Know… http://www.infowars.
com/33-conspiracy-theories-that-turned-out-to-be-true-what-everyperson-should-know/
7 The truth shall set you free, but first it’s going to piss you off.
Anonymous. Possibly related to: “It’s embarrassing, you try to overthrow
the government and you wind up on the Best Seller’s List.” Abbie
Hoffman
8 Consider, if you will, the definition of examine: a) To observe carefully, or
critically; inspect or b) To study or analyze. http://www.thefreedictionary.
com/examiner These are those to whom others might offer the nom de
guerre of “title god” (or goddess – we don’t discriminate in this country).
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If we examiners don’t see the issue, the licensed underwriters
don’t see the issue. If the underwriters don’t see the issue, the parties to the transaction don’t see the issue (OK, maybe THEY would
be happier not seeing the issue). And those nice folks in the claims
departments of the national underwriters will have a lock on job
security in the title industry since, in addition to all the hidden risks
title insurance traditionally covers, they increasingly must deal with
the unanticipated results of unwitting “copiers” passing themselves
off as title examiners. Should the Bureau become convinced, the
legislature will not be far behind.9 And it will all be my fault.10
There are myriad reasons for such a process that are permeated
with the concept of commonweal.11 There are far more independent
examiners offering a myriad of title related services to underwriters, agencies, and the public at large than ever before. Consumer Reports12 rates
products on a national scale; Angie’s List13 rates service providers on the
internet. How can a consumer of title services know which examiner
really can trace title back to a royal grant, and which couldn’t find…
scratch that thought: unkind, uncharitable, unrepeatable in a family oriented publication such as the Examiner. Who should the local savings and
loan trust with its examination service needs when it doesn’t want to pay
its outside counsel? What criteria should an attorney or law firm look for
in retaining a free-lance examiner? How can a newcomer to the industry
establish their bona fides and be accepted in an industry, trade, art,
profession (however you look at this job) with virtually no barriers
to entry? Who will determine which examiners pay extra hazardous
rates for their errors and omissions insurance, and which pay only
hazardous rates?
I am sorry. The freedom, the creativity, the sheer opportunity
to shine is about to become an academic discipline.14 While I should
know better,15 I close16 as I began, mea culpa, mea culpa, mea maxima
culpa, and as I’ve closed so many columns before: “Let’s be careful out
there.”17
Tute is not using the concept “searcher” since the primary definitions of search closely resemble those of examine (and in fact include the concept): 1. to make a thorough examination
of, look over carefully in order to find something; explore and 2. to make a careful examination or investigation of, probe. http://www.thefreedictionary.com/searcher
9 One of the greatest delusions in the world is the hope that the evils in this world are to be
cured by legislation. Thomas B. Reed (1886)
10 The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning
but without understanding. Justice Louis Brandeis, Olmstead v. United States, 277 U.S. 438,
485 (1928).
11 The public good or welfare; (archaic)(says who? This is Virginia! Home of archaic anachronisms) A commonwealth or republic. http://www.thefreedictionary.com/commonweal
12 http://www.consumerreports.org
13 http://www.angieslist.com/ Yes, there is a category for “Title Companies”
14 “A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines.” Emerson, Ralph Waldo, Self-Reliance, Essays: First Series , p. 57
15 Never ascribe to malice, that which can be explained by incompetence. Attributed to
Napoleon
16 Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most
oppressive. It may be better to live under robber barons than under omnipotent moral
busybodies, The robber baron’s cruelty may sometimes sleep, his cupidity may at some point
be satiated; but those who torment us for own good will torment us without end, for they
do so with the approval of their own conscience. Lewis, C.S. “The Humanitarian Theory of
Punishment,” Res Judicatae (June 1953)
17 Esterhaus, Phil. Hill Street Blues. (1981-ish)
18 I have to apologize for the footnotes. I haven’t been able to write anything in forever that lets
me footnote. So I’m (in economic terms) releasing my pent up demand to footnote here in this
column. Some day, I hope to release my more economic varieties of pent up demand.
Tute
18
d i sc o u n t
coupons
DISCOUNT
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membership if received at the same time as the
pre-licensing registration. Expires 12/31/2012
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on Title Settlement
Agent Certification
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$20 Discount
on Networking Meeting
(Northern Va, Richmond,
Hamton Roads
*For use by VLTA Members only.
Expires 12/31/2012
$20 Discount
on Networking Meeting
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Expires 12/31/2012
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Includes Published Courses
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$20 Discount
on Continuing
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and/or VLTA Online
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Fox Point Programs is pleased to be an Associate
Member of the Virginia Land Title Association (VLTA).
Additionally, we’re pleased to continue our participation
in VLTA’s Member Discount Program. Fox Point provides
services that the members of VLTA of are sure to find of value
to their business.
Fox Point is composed of an experienced team of underwriting professionals geared to provide Professional Liability Insurance services directly to Insureds. Our agency has teamed up
with “The Underwriters at Lloyd’s of London” to secure an A.M. Best “A” (Excellent) rated carrier to streamline the process
of how you purchase your E&O insurance coverage. A “Self Rating” (application for coverage) application has been developed
specifically for this program to allow you to quote yourself and request it to be bound in one easy step for as little as $1150!
Applicants who meet the typical risk characteristics of the program can select a $500,000 or a $1 Million dollar limit.
We are also able to offer retroactive date coverage for an additional charge. This coverage enhancement is available if you can
provide current proof of coverage for any past years of service.
The program also offers an optional “Escrow Coverage Endorsement”. This option will cover the disbursement of funds,
both Escrow and Non-Escrow and for any maintenance of Escrow accounts. An abstractor who only searches titles and is not
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The carrier for our program also offers a Toll Free Risk Management Hotline for all their insureds. The Hotline enables
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As an added benefit of being a member of VLTA, a reduced pricing schedule is being offered for these E&O products.
Contact Megan France, Professional Liability Underwriter for more details and start SAVING!
Fox Point Programs, Inc. Phone 302.765.6029 Fax 302.765.2088
www.vlta.org
Agent Resources
Underwriter Contacts:
Chicago Title Insurance Company. . . . . . . . . Alaine Donovan & Don Wells
tel: 703.815.6886
North American Title Insurance Company. . . . . . . . . . . . Stephanie Marcello
tel: 410.730.8484
Commonwealth Land Title Insurance Company. . . . . . . Patricia Shaner
tel: 703.219.3701
Old Republic National Title Insurance Co. . . . . . . . . . . . Kevin Pogoda, Esq..
tel: 703.365.2300
Fidelity National Title Insurance Company. . . . . . . . . . . . . Lisa K. Tully, Esq.
tel: 888.600.5166
Stewart Title Guaranty Company. . . . . . . . . . . . . . . . . . . . . . . . Steven Blizzard.
tel: 703.636.3221
First American Title Insurance Company. . . . . . . . . . . . . . . . . Leslie Kostelecky
tel: 800.733.3284
Title Resources Guaranty Company. . . . . . . . . . . . . . . . . . . . . . J. Scott McCall
tel: 800.526-8018
Investors Title Insurance Company. . . . . . . . . . . . . . . . . . . . . . . . . Patricia Wolak
tel: 800.326.4842
WFG National Title Insurance Company. . . . . . . . . . . . . . . . . . . Thomas Klein.
tel: 804.467.1648
Title Examiner Contacts:
Accutitle Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mai Waye
tel: 757.717.5140 fax: 757.204.2048 email: accutitlesearch@aol.com
Serving: Southwest Virginia
Amarisearch, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marian Littleton
tel: 703. 267.6827 fax: 703. 267.6825 email: marian@amarisearch.com Serving: Northern Virginia, Central Virginia
Amy C. Talbot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amy Talbot
tel: 804.467.8866 fax: 804.360.7049 email: amyhankins@comcast.net A to Z Abstracting Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tiffany Abramowski
tel: 757.339.1068 fax: 757.539.0778 email: atozabstracting@charter.net
Serving: Mid-Atlantic
Brenda Morgan – Title Research. . . . . . . . . . . . . . . . . . . . . . . . .Brenda Morgan
tel: 804.758.1951 fax: 804.758.1947 email: Miwae_1951@hughes.net
Cairns & Knott Title Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pamela G Knott
tel: 804.469.9293 fax: 804.469.9293 email: pkwkck@aol.com Serving: Central Virginia
Capital Title Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Timothy O’Donohue
tel: 703.691.0688 fax: 703.591.7594 email: capitaltitle@juno.com web site: www.capitaltitleservices.com
CARR Title Ltd.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M. Lyne Brown
tel: 757.647.7873 fax: 757.569.0486 email: carrtitle@aol.com
Chancellorsville Title, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . Michael F. Jennings
tel: 540.809.3798 email: jennsearch51@yahoo.com
Serving: Coastal Region
Cottage Creek, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kelly M. Ballam
tel: 804.721.3733 fax: 888. 371.6059 email: kb.cottagecreek@gmail.com
Covenant Title Services, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Melissa Cooke
tel: 804.347.1956 fax: 804.795.2208 email: cooke.melissa@gmail.com
Serving: Mid-Atlantic, Central, and Southwest Virginia
Dalton Land & Title LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ann Dalton
tel: 434.665.2099 fax: 434.821.2097 email: daltontitle@yahoo.com
Serving: Southwest Virginia
DTS Title, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terri Stitzer
tel: 757.482.3342 fax: 757.482.9166 email: dtstitlesinc@verizon.net
Serving:Isle of Wight, Southampton, Suffolk, Surry and Sussex
www.vlta.org
eTitle Agency, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alison Orlans
tel: 703.342.4846 fax: 703. 940.9111 email: aorlans@etitleagency.com
web site: www.etitleagency.com Serving: Mid-Atlantic Virginia
Elizabeth H. Jamerson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elizabeth Jamerson
tel: 804.897.8260 fax: 804.897.8261 email: elizabehjamerson@verizon.net
Serving: Mid-Atlantic and Central Virginia
Greater Richmond Abstract & Title, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . Larry Shiner
tel: 804.266.2101 fax: 804.266.2810 email: johnc@comgi.net
Serving: Central VA
J. James Basgier, Jr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. James Basgier, Jr.
tel: 757.241.4309 fax: 757.361.5110 email: Basgier_jim@msn.com
Jefferson Title, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Christopher Mabie
tel: 703.368.3770 fax: 703.368.6164 email: cmabie@jeffersontitleva.com
web site: www.jeffersontitleva.com Serving: Northern VA
KDR Real Estate Services, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allen Dorin
tel: 804.672.1368 fax: 804.672.1373 email: adorin@kdrrealestate.com
Serving: Southern Virginia
Land Title Research, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Julie Ann Rutledge
tel: 540.659.0107 fax: 540.659.4952 email: ltr.inc@verizon.net
Serving: Stafford & Spotsylvania County, and City of Fredericksburg
Leslie Birdsong-Smith. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leslie Birdsong-Smith
tel: 757.589.5228 fax: 757.430.1509 email: lbirdsong@cox.net
Serving: Mid-Atlantic, Central VA, Southwest VA
Maximum Title, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cammie Crickenberger
tel: 703.342.6996 fax: 703.830.9607 email: orders@maxtitles.com
Serving: Northern VA, Central VA
Mohr Information Services, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . James Mohrmann
tel: 540.678.8775 fax: 540.678.1696 email: jmohrmann@mohrinformation.com
web site: www.mohrinformation.com
Serving: Northern Virginia
Morgan Abstracting, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jerry R. Morgan
tel: 757.218.5033 fax: 757.872.7779 email: Morganabstractingllc@verizon.net
Agent Resources
Title Examiner Contacts continued:
New Horizon Title & Abstract. . . . . . . . . . . . . . . . . . . . . . . . . . . . Rebecca Barkely
tel: 757.739.4531 fax: 757.495.0456 email: newhorizon1408@verizon.net
Northstar Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serena Stout
tel: 540.943.4890 fax: 540.949.8413 email: northstartitle.stout@gmail.com
Serving: Central Virginia
Northumberland Title Company, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . Anita McQuary
tel: 804.580.1056 fax: 804.580.6012 email: anita@northumberlandtitle.com
web site: www.NorthumberlandTitle.com Serving: Mid-Atlantic Virginia
Potomac Title Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . David Henken
tel: 540.948.6630 fax: 540.948.5162 email: dhenken@potomactitle.com web site: www.potomactitle.com
Quality Title Services of Tidewater, Inc. . . . . . . . . . . . . . . . Catherine L. Estep
tel: 757.303.6353 fax: 804.642.5956 email: gtsinc@cox.net
Renner Title, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sarah Renner
tel: 540.748.4313 fax: 804.752.7813 email: rennertitle@gmail.com
Research & Retrieval Services, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . David Beloff
tel: 757.463.0030 fax: 757.463.0040 email: rrsinc@cox.net web site: www.researchandretrievals.com
Serving: Mid-Atlantic Virginia
Seaside Title, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . David Sacks
tel: 757.630.2075 fax: 757.427.1636 email: info@seasidetitleinc.com web site: www.seasidetitleinc.com
Security American Title, LLC.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rene Blevins
tel: 703.766.1745 fax: 703.766.1748 email: info@securityamerican.com
web site: www.securityamerican.com Sharpe Searches, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kelly Sharpe
tel: 804.691.0161 fax: 413.638.4342 email: sharpesearches@verizon.net
Serving: Mid-Atlantic, Central Virginia
Summit Title Group, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jennifer Fish
tel: 703.624.7116 email: summittitlegroup@cox.net
Terry’s Title & Abstract, L.C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terry L. Wilson
tel: 540.891.8268 fax: 540.891.8267 email: terrystitleandabstract@yahoo.com
The Roberts Group Title & Abstract, LLC. . . . . . . . . . . . . . . . . . . . . . Debby Roberts
tel: 757.717.4664 fax: 757.313.9577 email: theroberstgrouptitle@yahoo.com
Serving: Mid-Atlantic Virginia Title Abstractors, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jack Page
tel: 276.676.0434 fax: 276.628.1989 email: titleabstractors@comcast.net
Serving: Southwest
Tri-County Title, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert W. Coleman, Jr.
tel: 703.624.2281 fax: 703.293.9528 email: tctinc@aol.com Serving: Northern VA
Trinity Title, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Martha Campbell
tel: 434.665.1956 fax: 888.737.0726 email: mwcsmt@aol.com Serving: Central Virginia
Twilight Title LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Theresa Ganshaw
tel: 757.650-6442 fax: 757.238-9560 email: TwilightTitleLLC@gmail.com
Yvonne Barr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Debbie Yvonne Barr
tel: 757.477.4960 fax: 757.961.3140 email: Yvonne77@cox.net
Associate Company Members:
Access National Bank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Thomas Young
tel: 703.871-5662 fax: 703.308-1787
email: tyoung@accessnationalbank.com
web site: www.accessnationalbank.com
Services: Banking
Alliance Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kevin Dodson
tel: 703.814-7200 fax: 703.378-7210
email: kdodson@alliancebankva.com
web site: www.alliancebankva.com
Services: Banking
Bank of Georgetown. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jennifer Barnes
tel: 202.355-1200 fax: 202.355-1201 email: jbarnes@bankofgeorgetown.com
web site: www.bankofgeorgetown.com
Services: Banking
Bean, Kinney & Korman, P.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . James Davis
tel: 703.525-4000 fax: 703.525-2207 email: bdavis@beankinney.com web site: www.beankinney.com
Services: Law Firm
Bonner Kiernan Trebach & Crociata, LLP. . . . . . . . . . . . . . . . . . . . .Craig Sarner
tel: 202.712-7000 fax: 202.712-7100 email: csarner@bktc.net
Services: Law Firm
Cochran & Owens, LLC.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard E. Craig, Esq.
tel: 703.847.448 fax: 703.270.1805
email: dcraig@cochranowen.com
web site: www.cochranowen.com
Services: Law Firm
Elm Street Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alissa Haksar
tel: 703.852-9654 fax: 703.852-9651
email: alissa@elmstreetmanagement.com
web site: www.elmstreetmanagement.com
Services: Computer Hardware, Computer Software, Consulting, Financial - CPA,
Human Resources, Insurance-Business, Insurance-E&O, Insurance-Employee,
Technology, Other
Escrow PROS, LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joshua Williams
tel: 800.360-2046 fax: 678.669-2638
email: jwilliams@escrowprosllc.com web site: www.escrowprosllc.com
Services: Financial - CPA
www.vlta.org
Agent Resources
Associate Company Members continued:
Fox Point Programs, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Darryl McCallin
tel: 302.765.6056 fax: 302.765.2088 email: darryl.mccallin@rockwoodinsurance.com web site: www.foxpointprg.com
Services: Business Insurance and E&O Insurance
Jackson & Campbell, P.C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . David Cox
tel: 202.457-1634 fax: 202.457-1678 email: DCox@JacksCamp.com web site: www.jackscamp.com
Services: Legal
Kaufman & Canoles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . James Windsor
tel: 757.873-6308 fax: 757.873-6359 email: jlwindsor@kaufcan.com web site: www.kaufmanandcanoles.com
Services: Law Firm
LPS - SoftPro. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Prichard
tel: 800.848-0143 email: john.prichard@softprocorp.com
web site: www.softprocorp.com
Services: Computer Software
M&T Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Michele Blanco
tel: 301.634-3981 fax: 240.331-4537 email: mblanco@mandtinsurance.com
Services: Insurance-Business and E&O
Martin Wren, PC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ronald Wiley
tel: 434.817-3100 fax: 434.817-3110 email: wiley@martinwrenlaw.com
web site: www.martinwrenlaw.com
Services: Underwriter
Mid-Atlantic Title Consultants, LLC. . . . . . . . . . . . . . . . . . . . . . . Teresa Williams
tel: 410.442-4081 fax: 410.442-4083 email: twilliams@titleconsult.com
web site: www.titleconsult.com
Services: Consulting
Ober, Kaler, Grimes & Shriver. . . . . . . . . . . . . . . . . . . . . . . . . . . Harold Belkowitz
tel: 202.326-5037 fax: 202.326-5267 email: hgbelkowitz@ober.com
web site: www.ober.com
Services: Law Firm
PageStream Live. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jon Floyd
tel: 703.554-3661 fax: 703.554-3661 email: jfloyd@pagestreamlive.com
web site: www.pagestreamlive.com
Services: Document Scanning
Pastenak & Fidis, P.C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Roger Hayden
tel: 301.656-8850 fax: 301.656-3053 email: rah2@pasternakfidis.com
web site: www.pasternakfidis.com
Services: Other
Pesner Kawamoto Conway, A Professional Law Corp.. . . . . . . Susan Pesner
tel: 703.506-9440 fax: 703.506-0929 email: spesner@pkc-law.com web site: www.pklawgroup.com
Services: Law Firm
www.vlta.org
Precision Reconciliation Services, LLC. . . . . . . . . . . . . . . . . . . . . . Kenny Collier
tel: 804.503-2380 email: kcollier@prsescrow.com
web site: www.prsescrow.com
Services: Consulting, Financial - CPA, Other
R.H. Nicholson & Company, Inc.. . . . . . . . . . . . . . . . . . . . . . . . Nancy Nicholson
tel: 703.261-6102 fax: 703.261-6101 email: nnicholson@rhnicholson.com
web site: www.rhnicholson.com
Services: Insurance-Business
RedVision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jennifer Doran
tel: 516.663-0632 fax: 866.381-1715 email: jennifer.doran@redvision.com
web site: www.redvision.com
Services: Other
reQuire, LLC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert Pleasants
tel: 757.552-0306 fax: 757.552-0304 email: rpleasants@titletracking.com
web site: www.titletracking.com
Services: Technology
RynohLive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard Reass
tel: 757.333-3777 fax: 757.962-8649 email: dick.reass@rynoh.com web site: www.rynoh.com
Services: Computer Software, Consulting
Sandy Springs Insurance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Brad Swanson
tel: 410.897-5834 fax: 301.490-6129
email: bswanson@chesapeakeinsurance.com
web site: www.chesapeakeinsurance.com
Services: Insurance-Business and E&O
SunTrust Bank, NA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Christopher Johnson
tel: 571.243-0530 fax: 703.335-0420 email: christopher.a.johnson@suntrust.com web site: www.suntrust.com
Services: Banking
TitlePac, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bart Newsom
tel: 918.683-0166 fax: 918.683-6842 email: bnewsom@titlepac.com
web site: www.titlepac.com
Services: Insurance-E&O
TSS Software Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eric Batz
tel: 443.321-5618 fax: 410.268-2714
email: EBatz@iwanttss.com web site: www.iwanttss.com
Services: Computer -- Software
Virginia Bankers Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard Owen
tel: 804.643-7469 fax: 804.643-6308 mail: rowen@vabankers.org
web site: www.vabankers.org
Services: Title Insurance
Williams Mullen P.C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eve Campbell
tel: 804.783-6487 fax: 804.783-6507 email: ecampbell@williamsmullen.com
web site: www.williamsmullen.com
Services: Law Firm
VLTA Examiner Volume 18 Number 2 • Summer 2012 29
Member What is the
Benefit! VLTA Google Members List?
he VLTA Google M embers List is an e-mail
List
based discussion group made up of Virginia
Serve
Land Title Association members. Topics of disfor Members cussion
Google Members List should
Only be relatedontothetheVLTA
title industry in Virginia. Many
T
members will use the group as a forum to give
and receive advice on administrative and business
related issues. Do not use the List to post personal
messages. Remember, this is a great way to reach
many VLTA members; however, since all members
receive all posts, keep messages clear and pertinent.
Failure to comply with these guidelines will result
in removal from all List Serve lists.
How Does It Work?
First, you join the List. (Details on how to join
are covered below.) Then, you compose a message and send it, using your e-mail software, to the
VLTA Google Members List address. If you are a
valid member of the List, your message will then be
sent to all other members of the List. (If you are not
a member of the VLTA Google Members List, your
message is bounced and is not sent to anyone.) Even
the sender of a message to the List automatically
receives a copy of the same message. Other members
of the List may then reply to your message; they may
do so directly to you, or they may send their reply
back to the List, which sends out copies of the reply
to everyone on the List.
What Protocols do I Have to
Follow to Use the List?
■
Be as clear as possible in your communication.
■ Include your name, company, and city in the
body of your e-mail.
■ The Members List is to be used for businessrelated questions.
How Do I Join?
Joining the List is voluntary. This is done from the
Web site—www.vlta.org.
Why Not Consider Contributing to the VLTA PAC?
T
he Virginia Land Title Association continues to
■ There are no restrictions as to the amount or number of
strive to be a major force in our commonwealth on
contributions.
the legislative level. It requires the effort of the entire
■ The PAC may not accept anonymous contributions.
membership to ensure its place and voice! Please contrib■ The PAC may not accept cash contributions.
ute to the future of your profession!
The Virginia Land Title Association Political Action
■ The PAC may accept in-kind contributions of goods or services.
Committee (VLTAPAC) is a nonprofit, unincorporated
political association that promotes the nomination and
election of candidates for
VLTAPAC Contribution
state and local office. The
Yes, I want to help support the land title profession. Here is my contribution.
PAC supports candidates who
$1,000
$500
$250
$100
Other
(not tax deductible)
effectively help to address the
policy concerns of the land
Check enclosed (make personal checks payable to VLTAPAC)
Name
title industry. Contributions
VISA
MasterCard
AMEX
to the VLTA PAC are volunCompany
tary and are not tax deductible.
Address
Card number
Exp. date
■ You have the right to refuse
to contribute to the PAC.
■
VLTA PAC may accept contributions from any person,
firm, corporation, partnership, or other entity.
City
Telephone
State
Ext.
Fax
Zip
Name on Card
Signature
Amounts are suggested amounts only. All contributions are strictly voluntary. Your decision to make this voluntary contribution does not affect your membership
status with the association. Contributions to VLTAPAC must be made with personal, not corporate funds. Contributions are not tax deductible.
Mail to: Virginia Land Title Association – PAC, 5665 Atlanta Hwy., #103-140, Alpharetta, GA 30004 OR Fax to: 770.754.6142
www.vlta.org
2012 Membership Application
VIRGINIA LAND TITLE ASSOCIATION
"INSURING...THIS LAND IS YOUR LAND"
Mission Statement: The mission of the Association is to advance the
efficient and secure transfer of ownership of real property by
proactively serving its members, the consumer, and affiliated
associations.
Membership Dues Schedule
(Circle Membership Category/Payment Option)
Licensed Agents/Agency (Average number of staff in last calendar year)
Annual*
Monthly*
o
o
o
To achieve this objective, VLTA will:
Provide superior education programs
Represent the industry on legislative and regulatory issues
Support the American Land Title Association and its initiative to
continually maintain and promote members to engage only in
business practices that are lawful and consistent with high
professional standards and ethics.
Communicate industry related information
Fairly represent all interests of the membership
Enhance and protect the value of its members, consumers, and
the title industry as a whole
Raise public awareness and understanding of the land title
industry
1 to 5 employees
6 to 10 employees
11 or more employees
$350
$600
$925
$420 ($35 per month)
Underwriter
Underwriters' dues are based on Form 9, gross premiums received for the previous year in
Virginia. If sales are less than $2,000,000 - remit $1,150, plus $350 per each additional
$500,000 in gross premiums. If sales are greater than $10,000,000 - remit $5,750.
Minimum
Associate Company
$1,150 / Maximum
Annual* $400
$5,750
Monthly* $468 ($39 per month)
Employees or principals may not hold a title insurance agent's license (e.g., lawyers, surveyors,
realtors, lenders).
All Memberships include a year’s subscription to the Examiner, a
listing in the website directory, discounted registration to all VLTA
events and meetings, access to the member’s only side of the
website, and more!
Title Examiner Company
Annual* $185
Individual Member
Annual* $150
An agent or title examiner who is not currently employed and not actively engaged in the
business of examining or insuring title. (non-voting membership)
Agent Members receive FREE job postings all year long and are
listed in our online directory.
___________________________________________________________________
*Annual: Lump Sum Payment of one year OR Renew for two years with a 10% discount (Annual
Dues X 2 Less 10%).
*Monthly: Credit Card will be charged automatically each month by the amount stated above.
Member is responsible for all dues incurred for the calendar year. The membership cannot be
canceled or otherwise terminated prior to 12/31/11 without incurring charges for the unpaid
remaining balance. Payments include a nominal administrative charge.
45% of your dues is allocated to lobbying expenses and is not tax deductible. Consult your
accountant or tax attorney for more information.
New Members may prorate their first payment based on the actual receipt of payment
accordingly: July 1st through September 30th – 50% reduction on total dues.
October 1 – December 31: Members who join during this period receive up to 15 months for
the price of 12 (15 for 12). Membership expires on December 31 of the following year.
Underwriter Members receive a FREE banner ad on the VLTA
website and a FREE listing on the website and in the Examiner.
Associate & Title Examiner Members receive 50% off of a banner
ad on the VLTA website and a FREE listing on the website and in the
Examiner.
VLTA PAC - The VLTA Political Action Committee (PAC) is a
nonprofit, unincorporated political association that promotes the
nomination and election of candidates for state and local public office.
The PAC will support candidates who will effectively help to address
the policy concerns of the land title industry. Contributions to the
VLTA PAC are voluntary and are not tax deductible.
Corporation/Company: ____________________________________________________________________________________
Membership Holder Name: _____________________________________ Title: ______________________________________
Business Address: _______________________________________________________________________________________
City: _______________________________ ST: _____ Zip: _________ Referred by: _________________________________
Telephone: ____________________________ Fax: ________________ E-mail: ____________________________________
Website URL: __________________________ Corp Federal ID #:_________________________________________________
 Check if CRESPA Settlement Agent
 Check here if you would like to receive a Membership Certificate.
Virginia Region (s) Served:
 Central
 Northern
 Valley
Membership Type:
Payment Option:
 Agent
 Associate
 Title Examiner  Underwriter
 Annually
 Multi Year Discount
Payment must be submitted with your application. FAX TO: 770.754.6142
Check Enclosed (make check payable to VLTA)
Visa
MasterCard
 Mountain
 Coastal
 Individual
 Monthly Payment Option
Dues:
$___________
PAC Contribution:
$___________
Total Due:
$___________
American Express
Card Number _________________________________________________________
Exp. Date __________ V-Code (3-digit no. on back of VISA/MC ___________
4-digit no. on front of AMEX)
Card Holder ____________________________________________________________
Signature ______________________________________________________________
As an active member of the Virginia Land Title
Association (VLTA), I agree to comply with all of the
provisions of the VLTA’s By-laws and Code of Ethics.
I understand that all contributions to the VLTA PAC
are voluntary and that I have the right to refuse to
contribute without reprisal.
Applicant’s Signature: __________________________________________________ Date: _________________________
Keep your company’s profile updated at www.vlta.org.
Attach a list of staff to ensure that all members of your company receive their membership identification cards.
www.vlta.org
I
Milton, GA 30004
I
800.929.8730VLTA
(PH) Examiner 770.754.6142V(Fax)
vlta@vlta.org
olume 18INumber
2 • Summer 2012 31
VIRGINIA LAND TITLE ASSOCIATION
"INSURING...THIS LAND IS YOUR LAND"
Presorted
Standard
U.S. Postage
PAID
Norfolk, VA
Permit No. 803
13770 Belleterre Drive, Milton, GA 30004
Address service requested
“THE NO COST SOLUTION TO PAPERLESS SETTLEMENT TRANSACTIONS”
Stascs indicate that managing the office Paper Wave costs:
MONEY – TIME – CLIENTS!
“GA organization reducestheir processing timedocuments from46 days to 3hrs. by going digital”
“The cost of a misfiled document is upwards to $120 per occurrence”.
“8% of all paper documents are eventually lost”!
“The right electronic management solution can save you $1000’s per year or more”!
“The largest componet of solid waste is paper @ 38% of all materials”.
(Stascs from www.enviornmental.org)
“Nearly 10 Trees are cut down for every 120 New Title Settlement Transactions
”.
Zero Trees are impacted Going Digital Green with PageStream Live!
PSLive – HUD-Based fee soluon with secure, browser-based, 24-7 access of your paperless transacon
file. Key Disnct features are: Plug-in integraon with your Title Soware - Global document
distribuon by employees or transacon partners with controlled access code – Emailing, prinng and efaxing – scan documents directly to your system – automac import of related faxes & emails –
dashboard overview of your business, status of closings, total closings, productivity & access reports
with Audit & Communicationlogs - Integrated un-editable Digital Archive for permanent digital storage
& future retrieval - Easy to use – Easy to implement. The most powerful & effecve soluon for going
paperless for Title companies today!
32 __________________________________________________________________________________
“THE NO COST SOLUTION PATHWAY TO PAPERLESS SETTLEMENT TRANSACTIONS”
11516
– Manassas,
VA 20109 – P: 888.744.0007, ext (1)
VLTA Examiner Volume
18, NRobertson
umber 2 • Drive
Summer
2012
To schedule a free demo, trial or webinar visit our website @ www.pagestreamlive.com
www.vlta.org

Virginia`s Courthouses - Virginia Land Title Association

Transcription

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