Chapter 7: Insurance in the Mortgage Industry

1.      How has mortgage default insurance improved the mortgage market?

Allows the Lender to make loans in excess of 80% Loan to Value and recover insured losses by making a claim to the insurer.  Allows the Borrower to receive a high ratio mortgage with favourable terms and a favourable interest rate.

 

2.      Who are the current mortgage default providers in Ontario?

CMHC, Genworth and AIG.

 

3.      What is/are the main benefits of mortgage default insurance to

a) The Borrower? 

Allows the Borrower to obtain a higher LTV mortgage at competitive rates from chartered banks

b) The Lender?

Pays the lender on successful claims if the Borrower defaults

 

4.      How can a Borrower currently in default be assisted by the Lender and the mortgage default insurer?

Both CMHC and Genworth Financial provide mortgage default management programs that are designed to assist Borrowers who get into financial difficulty and have trouble making their scheduled mortgage payments.

 

Typically, these programs are provided through the Lender in conjunction with the insurer and are designed to provide a solution.

 

These options can include:

Special Payment Arrangements

A Lender may make arrangements with the Borrower to recover payment arrears over the shortest period, as long as it is within the Borrower’s financial ability.  For example, with a CMHC policy a Lender may do this with amounts up to $10,000 without CMHC’s prior approval.

 

Reamortization

A Lender may increase the amortization of a mortgage when the default is due to the payments no longer being affordable for the Borrower. 

 

Capitalization

This procedure allows the Lender to add the amount of arrears to the loan amount.  For example with a CMHC policy, a Lender may increase the loan amount up to $20,000 one time during the Borrower’s ownership without CMHC’s prior approval.

 

Other options

Lenders may have additional options that can be approved by the insurer before implementation.

 

5.      How does title insurance benefit

a) The Borrower? 

Provides coverage against fraud and forgery from the time the policy is in force. 

b) The Lender? 

Provides coverage against title defects and items that occurred before closing that may make the property unmarketable

c) The real estate Lawyer?

Reduces the amount of work required to close a mortgage transaction

 

6.      What type of insurance would you suggest to a purchaser of a condominium?

Contents insurance since the master policy only covers the unit, not the contents.

 

7.      When was title insurance first introduced in the United States and Canada?

The first title insurance company, the Law Property Assurance and Trust Society, was formed in Pennsylvania in 1853.  Title Insurance was developed in the United States and until the early 1990s was not available in Canada.  Virtually all real estate transactions in the United States currently carry title insurance, while its popularity is continuing to grow in Canada.

 

8.      Discuss the main differences between mortgage creditor life insurance and term life insurance.

                       

 

Mortgage Creditor Insurance

Term Life Insurance

Underwriting

 

Post-underwritten

Pre-underwritten

 

Convenience

Quick and easy to qualify

May require medical investigation, lengthening the process

Portability

 

None  

 

Independent of a Lender

 

Premiums

Level  

Level

 

Amount of Initial Coverage

Determined by the amount of the mortgage  

Determined by the insured

 

Protection on default/illness

If the Borrower defaults or cannot make his or her mortgage payment, the insurance will cease as the insurance is tied to the mortgage.

As long as the insured can make pay the insurance premium, the insurance will continue, regardless of whether the mortgage payment cannot be made.

Amount of Continuing Coverage

Decreases

Constant

           

9.      Which companies are currently licensed to provide title insurance in Ontario?

·         Stewart Title

·         First Canadian Title

·         LawPro

·         Chicago Title Insurance Company

·         First American Title Insurance Company

·         Lawyers Title Insurance

·         Travelers Guaranty Company of Canada

 

10.  Without errors and omissions insurance, what might the consequences be to a Mortgage Broker who commits an error and is sued by a client?

Errors and Omissions insurance is an insurance policy that covers the professional from claims made against him or her due to negligence in the form of errors committed in a transaction.  Insurance policies prior to 2008 did not have a fraud provision.  Therefore, if the Mortgage Broker were to commit fraud and the Borrower suffer a loss he or she could not receive compensation from the Broker’s errors and omissions policy.