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ALTA Commends California Judge's Ruling to Uphold Cease and Desist Order Against Radian Guaranty.


Business Editors

WASHINGTON--(BUSINESS WIRE)--Jan. 8, 2003

National Trade Association Says Ruling Reinforces Consumer Protection

From Unregulated, Unlicensed Activity; Urges Commissioner Garamendi

to Ratify Ruling

The American Land Title Association The American Land Title Association or ALTA, is a national trade association representing the interests of the abstract of title and title insurance industries. In addition to active members engaged in the title industry, associate members cover a wide range of businesses  (ALTA), the national trade association for the title insurance industry, today applauded the recent ruling by California Administrative Law Judge administrative law judge n. a professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies. They are generally experienced in the particular subject matter of the agency involved or of several agencies. , Leonard L. Scott, upholding the Cease and Desist Order An order issued by an Administrative Agency or a court proscribing a person or a business entity from continuing a particular course of conduct.

The force and effect of a cease and desist order are similar to those of an Injunction issued by a court.
 issued by the Department of Insurance in June 2002 against Radian ra·di·an
n. Abbr. rad
A unit of angular measure equal to the angle subtended at the center of a circle by an arc equal in length to the radius of the circle.
 Guaranty Inc. and Amerin Guaranty Corp.

The order, which required Radian and Amerin to stop selling unlicensed title insurance in the state, was appealed by Radian on the grounds that its product, Radian Lien Protection, was a form of private mortgage insurance (PMI See Private Mortgage Insurance. ) and not title insurance. Scott affirmed the Department's ruling that the product is title insurance, which Radian is not licensed to sell in California or any other state.

"We applaud Judge Scott's ruling affirming the appropriateness and legality of the Department's actions, and urge Commissioner Garamendi to support the judge's decision," said James Maher, executive vice president ALTA. "ALTA believes in the regulatory framework that safeguards consumers against unregulated, unlicensed title insurance products.

"Eight states have already issued similar restraints on Radian, and we believe the California ruling paves the way for other states to stop unregulated insurance companies from offering products that expose consumers to unwarranted risks."

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 Maher, Radian aggressively marketed its Lien Protection Product as an alternative to title insurance, claiming essentially the same benefits as title insurance but at a substantially reduced price -- claims he said are completely false and misleading.

Maher said these alternative title insurance products do not provide many of the central and important services and coverages of traditional title insurance, such as performing a full title search, locating and correcting title defects, providing legal defense in the event of a title challenge, and guaranteeing the enforceability of the mortgage, to name a few.

"Advances in technology and competitive pressure have essentially driven down costs for title insurance, especially on refinance and home equity loans where the due diligence Research; analysis; your homework. This term has caught on in all industries, because it sounds so "wired." Who would want to do analysis or research when they can do due diligence. See wired.  work required to assure title has been recently performed. Not only are our prices comparable to or less expensive than Radian's product, the protection and benefits are substantially greater."

About ALTA

The American Land Title Association represents title insurance companies and their agencies nationwide on a variety of industry and legislative issues. Members of the association search and insure land titles to protect real estate investors A real estate investor is someone who actively or passively invests in real estate. An active investor may buy a property, make repairs and/or improvements to the property, and sell it later for a profit.  including homebuyers and mortgage lenders.
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Publication:Business Wire
Geographic Code:1U9CA
Date:Jan 8, 2003
Words:412
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