First American Title was hit by a wrecking ball recently and many
small companies affiliated with 1st American imploded. I'm not going
to stand in judgment of each little company and declare that every one
of them was a sham or that they were all crooks.
What has
been rattling around in my brain recently is that regulators in the St. Paul area are
looking for someone to take the fall for the recent crash in the
housing market. Of course the scapegoats won't be the big guys or the
big companies. The target has become all the little shops in the real
estate business: small lenders deemed as predators; real estate agents
labeled as greedy; and the little title companies found to be shams.
I
don't pretend to know all the nuances of what happened with the 1st
American debacle, but the information meeting set up by the Minnesota
chapter of the National Association of REALTORS® to enlighten agents on
the issue was enough to make me consider changing careers. It feels
like a witch hunt is being conducted in St. Paul and Minneapolis by the Minnesota Department of
Commerce, HUD (Housing and Urban Development), and the FBI to ferret
out any, and all, real estate agents who ever conducted a transaction using one of
the "sham" title companies under the 1st American umbrella. As the
presenter at the MNAR meeting stated, "The investigations are starting from
the premise that there is widespread violation."
The last time I
checked, St. Paul real estate agents are a bunch of working stiffs trying to
make a living doing the thing they love to do: help people find and
sell houses. A very, very small minority might be considered crooks,
but that is true of every profession including the Department of
Commerce, the FBI, and HUD. A certain percentage of every profession
is dishonest and out to make a buck. It's not specific to real
estate. To assume widespread violation is a slam to a profession which
I proudly identify with.
In this meeting, the term "sham" seemed
to have a legal meaning. There are 10 criteria used to determine if an
affiliated business is a sham or legitimate. Some of those 10 criteria
include things like a separate facility, separate phones, separate
mailing address, separate services completely. So a small company that
chose to capitalize on the market by building sister companies to
originate mortgages (mortgage company) and complete closings (title
company), but shared a section of the same office is considered a
sham. They might truly be legitimate but by definition if they don't
meet all 10 of the criteria they are considered a shell company
established to bilk the consumer of their money.
How did these
things become so highly regulated? When our society originated, didn't
the blacksmith live in the same place he had his shop? And the grocer,
baker, and banker also lived behind or above their place of business. Today different denomination churches (and we all know how they can fight! ☺) share the same facilities. It
makes good economic sense.
Two of the big companies in our area
(Edina and Coldwell Banker) both have title companies. Their title
companies are not in separate buildings. They are in the same
building, but a wall separates them from their sister real estate
company. One can literally walk across the lobby into the affiliated business office. The physical wall creates a legal wall of protection from being considered
sham. Because a small company needs to economize and share the same
fax and the same commercial printer, are they deemed a sham? If I
innocently do business with any one of those "sham" companies, can my livelihood be in jeopardy?
This is one of the things that make me go, "Hmmmm".