On the evening of Monday, December 21, 2015 the Nassau County Legislature passed two emergency resolutions. This vote changed to January 4, 2016, the effective date of the block recording fee increase and the Tax Map Verification Letter (TMVL) fee increase.

These are recorded as Resolution 542-15 and 543-15 and the files are attached to this blog post.

You can see a video of the proceedings at this site:

http://nassaucountyny.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1610&Format=Agenda 

The Association's public comment starts at 05:01:00 and lasts for about 5 minutes.

The vote of the Legislature starts at approximately 07:23:00.

The logistics of the refunds have not yet been announced.  We will post that information here as soon as possible.

Earlier today, we spoke with Nassau County Clerk O'Connell, who was a very vocal opponent to these fee increases.  The Clerk's Office has provided the following information:

-          There is a grace period for the new fee.  All documents presented for recording prior to 9 am January 4, 2016 will be subject to the current block fee ($150).

-          This means the last day to present instruments for recording in person for the current fee ($150) will be December 31, 2015 as Friday January 1, 2016 is a County holiday.

-          Please ensure all documents presented by your on-site recorders have been thoroughly reviewed for recordability.

-          Documents presented prior to the end of the grace period (1/4/16) that are rejected and resubmitted after January 4, 2016 will be subject to the new block fee ($300) regardless of when the document was initially presented.

On a personal note, I want to say that I had to sit in the Legislature's Chamber for six hours to have my three minutes to speak. NYSLTA Member and Nassau County Legislator Howard Kopel has been on the right side of this issue from the start and we are grateful for all his help. I appreciate the company of NYSLTA President Marianne Mathieu, who provided the moral support this endeavor required.  Also, I enjoyed the company of NYSLTA Members Sal Turano and Ted Werner.

The material benefits of this resolution, as measured in dollars is modest. The meaning of the accomplishment is much more important. The title industry spoke with one voice and we were heard.  The unsung helpers at Title Action Network, as well as Paul Larrabee and Scott Wexler made immeasurable contributions.

If you are an NYSLTA Member, you should be proud of your profession and the vital role you play in the functioning of the real estate economy.

If you are not an NYSLTA Member - do a little soul searching. Then  scroll to the top of this page and join.

A senior staff member of Nassau County Clerk O'Connell called at 9 AM Saturday morning to respond to the previous blog posted here on Friday. 

As this was a weekend phone call - I cannot get the following report fact-checked by the Clerk's office until next week.

This report is from my notes of this morning's phone call. Any errors or misstatements will be corrected as soon as we are advised of them.

I explained my previous reports came from Examiners on site and were corroborated by Agents and an Direct operations Underwriter.

Well - it looks like the tech team from Xerox is not happy with us and they feel disparaged by the things said about the situation in Nassau county.  A blind man can see we are not popular with the Nassau County Clerk.

Here is what I learned on this morning's phone call:

 
1 - The new system (Xerox) is fully functional and the index can be accessed without charge from a bank of 20 computers on-site.  This went online at 11 AM Thursday

2 - The data in the Xerox system (1992-2015) is correct and reliable. He says there is no data gap July 1- Sept 30, 2015.  Any problem with gaps is due to training issues.

3 - The Xerox system can print specific pages. However he does admit that users must pay $2/page to view or download and unless one views an entire document, you can't know what page you want to print.

4 - A training packet was distributed last Thursday. A copy will be sent to me next week.

5 - 10 computers are available for public use to access the old system (Browntech). Three are connected to printers "behind the counter". The statutory fee they charge is 65-cents/page. 

6 - The Browntech system required Examiners to purchase payment cards for printing. These cards will be obsolete in a matter of days or weeks.

7 - The bottleneck is being caused by Examiners who are trying to "deplete the value" on their old Browntech cards and the 'Examiners do not trust the data in the new system.

We disagreed on the better approach to communications  and crisis management. (They deny there is a crisis.)

I reiterated our offer to assist the Nassau County Clerk in disseminating information to the industry and facilitating the use of the Clerk's services.

Great efforts have been taken to acknowledge that these reports are based on 2nd hand information and we have made frequent requests to the Clerk's Office for comment. 

I appreciate the diligence of the gentleman who took personal time away from his family to call me.  Maybe there is hope we can build some bridges.

On May 12th, the NY Times ran an editorial titled, The Title Insurance Scam.

NYSLTA President, Rafael Castellanos send the following letter to the editor:

The Editor
The Times Center
The New York Times
620 8th Avenue
New York, NY 10018
Submitted via E-Mail as Per Instruction

May 14, 2015

Editor,
I write in response to the May 12 editorial that conflates several matters of independent action under an inflammatory headline with a common nexus – the title insurance industry.

For more than 30 years I have worked in the industry, and today serve as the president of the New York State Land Title Association, a statewide professional organization representing hundreds of small business and thousands of trusted professionals with a record of protecting residential and commercial purchases by consumers and investors. Our actions are honorable and the service we provide to the real estate finance community is valuable.

Over the last several years, we have worked closely with the New York State Department of Financial Services and Governor Cuomo to improve upon proposed legislation that resulted in a law requiring the licensing of title professionals - a standard that ensures transparency and a more robust regulatory structure, which this Association advanced for more than 10 years prior to passage.

We also provide direct feedback to state and federal regulators who may not be familiar with the subtleties, intricacies and details of a real estate transaction or a profession that is hallmarked by integrity.

Many of the statements contained in the editorial touching on consumer abuses are not a factor in New York State, where the recommendation of a title agent is most often made by the consumer’s personal attorney.

We are saddened by the broad brush strokes used to paint our profession and our colleagues in the legal profession so unfavorably.

Rafael Castellanos
New York State Land Title Association
65 Broadway, Suite 501
New York, NY 10006
(212) 964-3701