According to PositivePsychology.com, as humans we are innately wired to pursue instant gratification. It’s natural for us to want good things, and to want them NOW. In fact, the urge for immediacy surely benefited pre-modern humans as their very survival often hinged upon making instantaneous decisions followed by taking immediate actions (e.g. “there’s a Tyrannosaurus rex headed my way … I’d better run and take cover!”). Humans today are not so different from their ancient ancestors – we, too, want immediacy, especially when it comes to the acquisition of wealth – whether that translates into the speed with which we receive funds or the swiftness with which we get title to real property under contract.
A Catalyst Corporate Credit Union blog reported that recent studies have shown “[a] staggering 70% of consumers express that having faster payment options from their financial institution is an important driver of satisfaction.” Thanks to advances in fintech, we now have a payment rail with two trains riding upon it to deliver that instant gratification. These two “trains” are Real Time Payments (RTP) and FedNow. They both move so FAST (almost instantaneously) that you and your customers can enjoy the ability to transfer funds 24/7, 365 days of the year in real time. With no waiting periods to transfer funds, just imagine how much faster your closings can take place – they can occur on holidays, weekends, and anytime convenient for you and the parties to the transaction!
Since 2017, RTP has been operated by The Clearing House (TCH), a consortium of member financial institutions; TCH’s RTP Network lists approximately 373 participating Financial Institutions (FIs).
On July 20, 2023, FedNow – the Federal Reserve’s interbank, instant payment infrastructure – went live; it launched with 35 participating FIs, the U.S. Department of the Treasury’s Bureau of the Fiscal Service and 16 service providers, but it has the potential to service all depository institutions eligible to hold accounts at the Reserve Banks – currently estimated at more than 10,000 banks and credit unions! FedNow promises to be a real game-changer for the national economy, and especially for our industry.
Let’s talk about what FedNow can do for you. At this time, the FedNow Service supports account-to-account and consumer-to-business bill pay use cases. The maximum credit transfer amount is $500,000, but participating FIs have the option to provide a lesser amount (so you may want to check with the transferor’s FI in advance to make sure that you know its dollar limits). With FedNow, businesses and individuals can also request a payment (referred to as a RFP or “Request for Payment”) from a recipient. For example, with FedNow you can electronically send “Betty Buyer” a request for the balance of cash needed to close her transaction; there is even a “zero-dollar request for payment” pre-validation tool available to make sure that the end-customer has the ability to receive and act on the RFP prior to the biller actually sending one. We can anticipate that FedNow will be able to do even more in the future as its functionality is expected to increase in phases. To learn more about FedNow, and when and how it may be available for your use, please visit FedNowExplorer.org.
Lastly, if you want to know more about the BIG picture – RTP, FedNow, the Good Funds Laws, and Payment Service Providers (e.g. Venmo and PayPal) – and how these mechanisms and laws affect each other and work together, read our in-depth white paper, “Moving Money in a Real Estate Transaction.”
Navigating the complexities of our industry is indeed challenging, and it humbles me when independent agents confide in our team, sharing their concerns and ideas. One recurring issue you’ve brought to light centers around identity verification and the inherent risks involved in this key element of the transaction. I am delighted to announce that Alliant National has collaborated with Finigree, a leader in financial and payment technology solutions, and developed a robust identity verification system – SecureMyTransaction.
SecureMyTransaction is designed to equip you with the information you need about both buyers and sellers to advance your transactions with confidence. The technology applies a multi-factor identity verification process that cross-checks mobile device ownership and location, credit bureau information, bank account validation and ownership, payoff and proceeds verification, knowledge-based authentication, FinCEN and OFAC searches, along with Alliant National Underwriting Alerts.
With verified identity information at your fingertips, you’re empowered to protect against seller impersonation fraud, vacant property fraud, and deed and document forgeries. Scams like these can have profound consequences, including financial loss, reputational harm and regulatory sanctions. SecureMyTransaction is thoughtfully designed to help you mitigate these risks.
This solution – which is initially being offered exclusively to Alliant National agents nationwide – will be unveiled tomorrow at our annual Florida Seminar in Orlando. For those attending, we look forward to presenting this new tool to you and hearing your initial thoughts.
For those who will not be with us in Orlando, I hope you will take the opportunity to learn more about this solution built specifically for independent title professionals like you. You can visit SecureMyTransaction.com for details, or reach out to Alliant National’s Bob Grohol (BGrohol@AlliantNational.com, 440.228.0826) to schedule a demo.
As you familiarize yourself with this new tool, whether at the seminar or from afar, I invite you to share your thoughts and feedback. We have developed this system with you in mind, and your insights are invaluable to us. Please feel free to reach out to me, to Bob, or to any member of your Alliant National team.
As a title agent, are you obligated to ensure your service providers are in compliance? And if so, how?
The Gramm-Leach-Bliley Act (GLBA), enacted in 1999 (codified as amended at 15 U.S.C Chapter 94: Privacy), establishes basic privacy standards for “financial institutions,” which includes not only lenders, but also title insurers, title agents and settlement/escrow agents.
The CFPB expects lenders to oversee their service providers to make sure that they are in compliance with the law to protect consumer interests; this was expressed in CFPB Bulletin 2012-03, published April 13, 2012. This duty extends to title agents and settlement service providers.
While title agents and settlement service providers are third-party vendors to lenders, those who provide services to title agents and settlement service providers are fourth-party vendors to lenders. The requirement to evaluate, review, and monitor qualifications and performance extends as far down the service chain as necessary to make sure that everyone is in compliance with the rules protecting customers.
So what can you do as a title agent to make sure that your vendors are in compliance?
You can make sure that your vendors are contractually aware of their responsibilities. There are some great sample provisions regarding “rights and responsibilities” and “confidentiality and security,” in the FDIC’s Financial Institution Letters, Guidance for Managing Third-Party Risk, which you may choose to include in your vendor contracts.
- You can establish good vendor selection and management practices:
- Designate someone within your company to provide oversight as the “vendor manager.”
- Perform background and reference checks.
- Provide due diligence questionnaires and checklists.
- Implement non-disclosure agreements.
- Train vendors on their consumer protection obligations.
- Monitor and score performance, and provide feedback; sight visits can be particularly useful.
- Provide a communication matrix or plan, and include provisions for reporting in the event of a perceived security threat or security breach.
This information is not legal, business or financial advice. It is intended only to be helpful to you and to increase awareness. There may be many ways to approach this issue, and it is always best to consult with legal counsel and subject matter experts to develop a plan that is right for you.