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Title Notes E-Blast
|Welcome to the May edition of the VTC e-news. We enjoy hearing your feedback regarding the value of the content included within, as well as suggestions for future editions.|
On behalf of the entire Virginia Title Center Team,
Patti Dickerson, Director of Marketing & Communications
Best Practices Boot Camp: Protecting Data, Documents & Dollars!
This FREE 60-minute webinar will focus on the most essential elements of Best Practices and deliver practical tools, tips and solutions aimed at helping you meet new industry requirements.
2014 is the Year of Implementation,and many settlement agents are scrambling to follow ALTA's Best Practices, satisfy new lender requirements, and demonstrate to underwriters' their ongoing compliance and safeguards of their Data, Documents, and Dollars!
The webinar will cover these essential Best Practices topics:
- Data Security: An overview of essential safeguards critical to protecting clients' data
- Document Security: Secure email delivery of NPPI
- Dollar Security: Managing and protecting your escrow accounts from fraud, errors and...more!
Hosted by Glen Sout VP, RynohLive
Register Here for this FREE Webinar
Clearing Up Ideas On Title Insurance
by Michael Workman, The Ledger
Q: What is the benefit of title insurance when purchasing or refinancing real property?
A: There are two types of title insurance policies that can be issued in a real estate transaction: an owner's policy and a mortgagee policy. A mortgagee policy ensures that the lender has a valid enforceable lien on the property, but it does not provide any protection for the owner of the property. An owner's policy protects the buyer or the refinancing owner against defects in the title to the property.
Prior to the issuance of a title policy, a title agent will examine the title to the property by reviewing the documents recorded in the public records affecting the property. This examination will confirm who owns the property and also may disclose minor defects in the title that the title agent can fix prior to the closing of the purchase or refinance transaction. Additionally, the examination may reveal title defects that render the title to the property unmarketable. A purchase and sale contract typically gives the seller the opportunity to cure a defect that renders a title unmarketable and also gives the buyer the opportunity to terminate the contract if such a defect cannot be cured.
Regardless of whether the seller cures the defect or the buyer cancels the contract, the buyer is able to avoid a problem that could be expensive to fix and could limit the buyer's use of the property.
Sometimes there are title defects that are not recorded in the public records or that are overlooked during the title examination process. If a title defect is discovered after the closing of the transaction that renders the title unmarketable and the title insurance policy issued at closing did not list the defect as an exception from coverage, then the title insurance underwriter who issued the policy has a financial obligation up to the face amount of the policy to have the defect cured or removed at no expense to the insured.
Michael Workman is a lawyer with Clark Campbell Attorneys at Law in Lakeland.
Here's a Solid 3-Point Plan for Put-Back Reform
It's time to loosen mortgage credit
by Pamela Hughes Patenaude, housingwire.com
Want to send a jolt of energy through the housing market and help ignite our listless economy?
A good first step would be to clarify the rules regarding mortgage "put backs," the requirement that lenders repurchase mortgages from Fannie Mae and Freddie Mac when there is an alleged violation of one of the representations and warranties in the loan purchase documents.
It's no secret that fear of put backs continues to have a dampening effect on the housing market. Despite recent efforts by the Federal Housing Finance Agency to put some boundaries around put-back risk, many mortgage originators remain skittish about lending to families with less-than-pristine credit.
With average FICO scores around 750 and most downpayments at 20% or more, chances are you will have a tough time finding a bank willing to lend to you on affordable terms if you don't meet these requirements. Put-back risk is a major reason for today's cautious lending practices and tight mortgage credit.
Here's why. Keep reading ...
All-Cash Home Purchases on the Rise
from National Mortgage Professional Magazine
Analysis of data collected for the Realtors Confidence Index shows the market share of all-cash purchases is on the rise, despite declines in distressed sales and investor activity, according to the National Association of Realtors (NAR).
"Distressed home sales, most popular with investors who pay cash, have declined notably in the past two years, yet the share of all-cash purchases has risen," said Lawrence Yun, NAR chief economist. "At the same time, investors have declined as a market share, indicating other changes have been underway in the marketplace."
Distressed home sales declined from 26 percent of the national market in 2012 to 17 percent in 2013 and 15 percent in the first quarter of this year; NAR projects distressed homes to drop to a single-digit market share by the fourth quarter. All-cash purchases rose from 29 percent in 2012 to 31 percent in 2013 and 33 percent in the first quarter of 2014.
Continue reading ....
Investors Title Company Announces First Quarter 2014 Financial Results
Investors Title Company announced its results for the quarter ended March 31, 2014. The Company reported net income of $986,438, or $0.48 per diluted share, compared with $3,376,730, or $1.62 per diluted share, for the prior year period.
The Company achieved record first quarter revenues totaling $28,454,074, an increase of 6.0% versus the prior year period, resulting primarily from increases in premium volumes and realized gains on investments. As the overall economy has continued to improve, higher levels of real estate purchase activity and higher home prices across many of our markets helped drive an increase in premiums during the period. Rising interest rates however, led to a significant drop in refinance activity, which partially offset the increased purchase-related business.
Operating expenses increased 22.6% versus the prior year period, mainly due to increases in variable expenses such as the provision for claims and commissions. Overall, the trend in new claim filings continued to improve. During the first quarter however, the occurrence of a few large claims related to older policy years contributed to the increase in the claims provision. Positive legal developments in several claim matters and a significant recovery in the prior year period also contributed to an unfavorable comparison. Commissions increased at a higher rate than premiums because there was a greater proportion of agent business than in the prior year period. Other operating expenses, as a whole, were largely in line with the prior year quarter.
Chairman J. Allen Fine added, "We are pleased to see increases in the level of home prices as well as continued strength in home purchase activity. As expected, however, the drop in refinance activity had a significant impact on premium volumes for the quarter. Although a few unusual claims matters led to an unfavorable comparison to the prior year, we remain encouraged by the general long-term trend of claims activity."
For additional information, please visit the ITIC Investors Relation page here.
Mortgage Application Activity Rebounds, Up 5.3%
Mortgage applications rose recently, with applications for home purchases driving most of the spike, the Mortgage Bankers Association reported in early May.
Applications for home purchases, viewed as a leading gauge of future home buying, rose 8.9 percent for the week ending May 2.
"A sizeable increase in purchase applications last week likely reflected the impact of somewhat lower mortgage rates as well as continued growth in the job market," says Mike Fratantoni, the MBA's chief economist. Still, purchase applications remain 16 percent lower than year ago levels.
Refinance applications rose 2.4 percent.
Overall, mortgage application activity, which includes both applications for refinancing and home purchases, rose 5.3 percent, a rebound after the previous week's when mortgage applications had dropped to the lowest level since December 2000.
Meanwhile, the MBA reported that the average 30-year fixed-rate mortgage dropped to 4.43 percent, the lowest average since November.
Source: "As Interest Rates Fall, Mortgage Applications Rise," Reuters (May 7, 2014) and "U.S. Mortgage Application Volume Up 5.3% Last Week, MBA Says," The Wall Street Journal (May 7, 2014)
Why You Should ALWAYS Recommend an
Owner's Title Policy to Your Clients
The Mechanic's Lien
James and Susan Marshall purchased a house from a seller who happened to own several rental properties in the neighborhood. Prior to the purchase of the house the landlord/seller made renovations to three of the rental properties. After closing, the contractor who worked on the renovations filed suit to establish and perfect a lien against the Marshall's property in the amount of $32,000.00. The Marshalls filed a claim under the owner's policy they had purchased from Investors Title at their closing.
An attorney hired by Investors Title to defend the Marshall's lawsuit discovered the contractor had filed the mechanic's lien against only the Marshall's property for all work performed on all three properties. Investors Title paid $2,000.00 to the contractor to discharge the lien from the Marshall's property and $18,521.00 for attorneys' fees to defend the lawsuit.
VTC is frequently asked by our customers why they need owner's title insurance coverage. This is just one summary of the benefits of this nominal investment.
For more information on how obtaining an Owner's Policy can prevent potential nightmares, contact Bobby Fothergill at 1-800-468-5811. Additional benefits of Title Insurance are available here.
ALTA Best Practice #7
Addressing Consumer Complaints
ALTA Best Practice #7 requires that all real estate professionals involved in the real estate process have a complaint policy - not to solve all consumer complaints, but rather to address all consumer complaints.
Every real estate professional is first and foremost in the "customer service" business, and dealing with
complaints comes with the territory. For some complaints, there is no readily available solution that will satisfy the complaining party.
For example, the phone rings at 4:45p.m. on a Friday and the party on the other end says, "You handled a closing for me back 2002." Immediate, we begin to wonder what the problem may be.
The caller continues, "I now have a termite infestation. What are you going to do about it?" We are very relieved that this problem is not of our making. Previously, we might have provided an explanation, hung up the phone, and not given it another thought. Now to comply with ALTA Best Practice #7, we need to document these calls as consumer complaints and refer the caller to the appropriate pest control agency for assistance.
In the example above, we were not in a position to SOLVE the consumer's complaint; furthermore, the complaint was not related to our professional services provided at closing 12 years ago. Nonetheless, we are now required to document the complaint and our efforts to assist.
Learn more about what is required....
ATTENTION LOAN OFFICERS!
Virginia Title Center has eliminated its PO Box!
If you have a client doing a construction loan and you will be naming Virginia Title Center as Mechanic's Lien Agent, please make sure they use the following address on the building permit:
Virginia Title Center, LLC
4502 Starkey Road, Suite 200
Roanoke, VA 24018
Please discontinue using the PO Box on building permits or the address will need to be changed.
Many thanks for your assistance!
The Next Banking Crisis is Already in the Making
Opinion: The banking industry today is being funded by hot money
by Peter Atwater via MarketWatch, The Wall Street Journal
The worst lending in the last crisis is always the best in the next one, and the same goes for different parts of bank balance sheets. Where bank balance sheets take a blow to the bow, they reinforce them during the next recovery. For example, I've never seen such a focus on bank capital as I have over the past five years. Too bad that won't be where the next banking crisis rears its ugly head.
The next banking crisis - whenever it comes - will arise from the parts that fared the best in the last crisis. On the lending front, the problems ahead will be in commercial credit, automobile lending, student lending and private banking lending. Those are where credit standards have been stretched the most during this recovery.
Still, and probably most importantly, with regards to all of these lending sectors, the greatest risk-taking has taken place not in the banks but outside of the banks. When credit turns down, the lenders most impacted - asset managers, hedge funds, et al. - will be in the shadows, not the banks. Of late, these lenders have been the biggest providers of credit to corporations - and with unprecedented weak terms, too. The same can obviously be said for the federal government when it comes to student lending. Uncle Sam is the market.
My focus of this column, though, isn't credit. That's actually the least of my concerns about the banking industry right now. When the cycle turns, the banks will be the tail to much bigger and angrier lending dogs.
Where I'm most concerned about the banks today is in their funding. Continue reading...
|Mortgage Lead Generator will Pay $225,000 to Settle FTC Charges That it Deceptively Advertised Mortgage Rates
Offered Low-Interest-Rate Mortgages as "Fixed," when Rates Were Adjustable and Could Increase
Press Release from the Federal Trade Commission, May 8, 2014
An online operation in the business of finding potential borrowers for mortgage companies will pay a $225,000 civil penalty to settle Federal Trade Commission charges that it deceived consumers about the terms of the mortgages.
"Buying a home is one of the most important financial decisions a consumer can make," said Jessica Rich, Director of the FTC's Bureau of Consumer Protection. "When companies deceive consumers about the true cost of the mortgages they offer, and consumers take on a mortgage they can't afford, the harm can last a long time. The FTC's message is clear: Mortgage advertising must be truthful."
The FTC charged that GoLoansOnline.com, a Houston, Texas-based lead generator that operates several websites that advertise mortgages, advertised low interest-rate loans as fixed-rate mortgages, when in fact they were adjustable-rate mortgages that could become more expensive for borrowers over time. The company also allegedly failed to include important disclosures, such as the annual percentage rate, amount of downpayment, and repayment terms that figure into the advertised payment amounts and interest rate.
According to the FTC's complaint, ads appearing on the company's website stated:
Unlike fixed-rate mortgages, adjustable-rate mortgages carry an interest rate that fluctuates based on credit markets, so the cost to borrowers can increase and decrease over the course of the loan.
The complaint charges GoLoansOnline.com with violating the Federal Trade Commission Act and the Mortgage Acts and Practices Advertising Rule, or "MAP" Rule and Regulation N, by deceptively advertising variable interest rate mortgages as having fixed interest rates.
It also charges the company with violating the Truth in Lending Act and Regulation Z by advertising false credit terms; failing to disclose the annual percentage rate and whether it will increase after the loan is made; advertising variable-rate mortgages as fixed-rate mortgages; and stating a payment amount without making required disclosures. Under the Truth in Lending Act, when advertisers state a payment amount, they also are required to disclose the amount of the downpayment or its percentage of the payment amount; the terms of the repayment, including repayment obligations over the full term and any required balloon payment; and the annual percentage rate.
Under the terms of the settlement, in addition to paying the $225,000 civil penalty, GoLoansOnline.com is prohibited from:
Should You Lend in Areas With Fracking?
Benefits to invest outweigh the negatives
Article by Ben Lane via Housingwire.com
Natural gas drilling wells are becoming a more frequent sight throughout the country. The "shale boom" is big business for gas companies and landowners alike. Advances in drilling and fracturing technology, also known as fracking, have made it easier to mine the natural gas reserves from previously inaccessible sources. In many cases, a shale filled with natural gas is mined underneath a populated neighborhood.
In some cases, the homeowner retains the rights to the subsurface estate on his or her property. The subsurface estate is the oil or gas that resides underneath the property. The gas companies pay handsomely to access the gas they couldn't get to before.
But the proliferation of the wells and the increase in natural gas drilling in residential areas presents a unique set of problems for homeowners and mortgage bankers alike.
In a webinar titled, "Oil and Gas Exploration for Mortgage Bankers," attorneys from Ballard Spahr discussed the shale boom and what impact it will have on the mortgage market going forward. Here are the highlights:
1. The shale boom is not close to being over
"This is not a short-term boom," said Harry Weiss, of Ballard Spahr's Environment and Natural Resources Group. "This is a many, many, many year process. Someday, somewhere, somehow you're going to see it everywhere."
2. Shale production is going to keep climbing
As additional states begin to allow drilling, shale production will continue to climb exponentially. The Marcellus shale, which stretches from Tennessee to upstate New York has seen production "skyrocket," according to Weiss. "Marcellus production has enormous potential for growth," he said. "New York state has not allowed drilling yet, but when it does, production will be off the charts."
TITLE TIP: ALTA Expanded Homeowner's Policy vs.
ALTA Owner's Policy
provided by Gail Duffy, Title Services Manager, Virginia Title Center
- The ALTA Homeowner's Policy of Title Insurance contains 28 covered risks as compared to the 10 covered risks contained in traditional owner's policies. (For a complete list of these risks, contact Gail Duffy)
- The ALTA Homeowner's policy amount automatically increases by 10% per year for the first 5 years, so coverage is increased to a maximum of 150% of the original Policy Amount. This provision provides owners with increased coverage to account for inflation and appreciation in the value of the insured property due to improvements.
- The ALTA Homeowner's policy is an additional 20% of the original ALTA Owner's Policy Rate which is $3.90 per thousand up to $250,000.00 (other rates apply) with a minimum of $200.00.
- The Company standards to use the ALTA Homeowner's Policy are as follows:
- May be issued for purchases and/or refinances on residential properties only,
- Issue only on a transaction insuring property that is an improved lot in a platted residential subdivision, a completed residential condominium unit or improved, residential property with a metes/bounds legal description that does not exceed 25 acres of land; Do not issue this policy for vacant lots;
- Issue only to "natural persons" (no corporations, LLCs or other entities);
- Do not issue for "ongoing" or pending construction transactions.
For additional details or questions, please contact Gail Duffy at 1.800.468.5811 or by e-mail.
Mortgage Rates Hit a 2014 Low
by Les Christie @CNNMoney, May 8, 2014
The average interest charged to borrowers for a 30-year, fixed rate loan fell to 4.21% from 4.29% last week, according to Freddie Mac's weekly mortgage rate report.
Rates have not been this low since the week of November 7, when they were at 4.16%.
The 15-year, fixed rate mortgage, a popular loan for homeowners refinancing existing mortgages, hit 3.32%, down from 3.38% last week.
Related: Buy vs. rent: What you'll pay in the 10 biggest cities
Global unrest and a weak U.S. economic recovery have kept rates low on U.S. Treasury bonds, which is used as the benchmark to set most consumer interest rates.
"Mortgage rates continued moving down following the decline in 10-year Treasury yields after a dismal report on real GDP growth in the first quarter," according to Freddie's chief economist Frank Nothaft.
Related: 10 most affordable small cities
World events was a key factor. Read on...
CFPB Proposes Rule to Promote More Effective
Rule Would Benefit Companies That Limit Consumer Data-Sharing
The Consumer Financial Protection Bureau (CFPB) proposed a rule to promote more effective privacy disclosures from financial institutions to their customers. The rule would allow companies that limit their consumer data-sharing and meet other requirements to post their annual privacy notices online rather than delivering them individually.
"Consumers need clear information about how their personal information is being used by financial institutions," said CFPB Director Richard Cordray. "This proposal would make it easier for consumers to find and access privacy policies, while also making it cheaper for industry to provide disclosures."
The Gramm-Leach-Bliley Act (GLBA) generally requires that financial institutions send annual privacy notices to customers. Read on....
CFPB Report Highlights Pain Points for Consumer Mortgage Closing Process
Bureau Releases Guidelines for New eClosing Mortgage Pilot Project
The Consumer Financial Protection Bureau (CFPB) published a report which finds that many consumers are frustrated by the short amount of time they have to review a large stack of complex closing documents when finalizing a mortgage. The Bureau also released guidelines for an upcoming eClosing pilot project to assess how electronic closings can benefit consumers as they navigate the mortgage closing process.
"Mortgage closings are often fraught with anxiety," said CFPB Director Richard Cordray. "We have taken action to address some of the problems consumers face, but more needs to be done. Our eClosing pilot project will provide valuable insight into how to improve the closing experience for consumers. "
Today's report and guidelines are the latest components of the CFPB's "Know Before You Owe" mortgage initiative, which is designed to improve the home-buying experience for consumers. Read on...
Click HERE to access additional articles from the CFPB Newsroom.
How A Popular Two-Letter Word is Undermining Your Credibility
Is this common tendency in business dialogue undermining your message? Here are three reasons it might be.
by Hunter Thurman
You're at an industry conference making small talk. The discussion invariably turns from "who you know" to "what you do."
Your brow furrows, you cock your head slightly, and you launch into the elevator pitch:
"So, we're building a multi-channel platform that leverages..."
"So, I'm the global brand director for our portfolio of..."
"So, I recently exited my startup when we sold to..."
The part of this lead-in that seems the least important but actually dramatically frames your message is that first little word: "so."
Everyone--from CMOs to flip-flop-clad "brogrammers"--does it. It's like the technorati's way of starting a sentence with "like." However, it's much more than that.
It's actually a damaging tendency. Beginning your sentence with "so" orients your message and subconsciously alerts your audience that what you're about to say is different than what you've been talking about up until this point.
We business-types need to drop the "so" for three main reasons:
1. "So" insults your audience
That little head cock, slight furrowing of the brow, and set-up with "so" says to your audience, "I'm trying to dumb this down so someone like you may have at least a chance of comprehending the importance of what I do."
The person with whom you're talking won't call you on it, because he won't even consciously recognize it. But the convention we've all created around "so" will register subconsciously, and the damage will be done.
2. "So" undermines your credibility
Click HERE to continue reading
--Hunter Thurman is the founder of the innovation consultancy, Thriveplan, and author of the new book, Brand Be Nimble. He's a frequent speaker in the consumer packaged goods category, coaching companies on how to create disruptive innovation, and then tell the simple story to make it a success.
"I wanted to tell you I attended my first two closings yesterday at your office. Nicole [Hamilton] did a fantastic job and I'm really excited to be working with you guys again!!!"
Katie Curry, Mortgage Consultant
First Bank & Trust Company
Check out the Virginia Title Center website for more client testimonials.
30 Incorrectly Used Words That Can Make You Look Bad
Easy to get wrong. Easy to get right.
by Jeff Haden
While I like to think I know a little about business writing
, I often fall into a few word traps. For example, "who" and "whom." I rarely use "whom" when I should. Even when spell check suggests "whom," I think it sounds pretentious. So I don't use it.
And I'm sure some people then think, "What a bozo."
And that's a problem, because just like that one misspelled word that gets a resumé tossed into the "nope" pile, using one wrong word can negatively impact your entire message.
Fair or unfair, it happens.
So let's make sure it doesn't:
Adverse and averse
Adverse means harmful or unfavorable; "Adverse market conditions caused the IPO to be poorly subscribed." Averse means dislike or opposition; "I was averse to paying $18 a share for a company that generates no revenue."
But you can feel free to have an aversion to adverse conditions.
Affect and effect
Verbs first. Affect means to influence; "Impatient investors affected our roll-out date." Effect means to accomplish something; "The board effected a sweeping policy change." How you use effect or affect can be tricky. For example, a board can affect changes by influencing them, or can effect changes by implementing them. Use effect if you're making it happen, and affect if you're having an impact on something someone else is trying to make happen.
As for nouns, effect is almost always correct; "Once he was fired he was given twenty minutes to gather his personal effects." Affect refers to emotional states so unless you're a psychologist, you're probably not using it.
Click here for Jeff's full article to avoid word traps on the following:
|Compliment and complement ||Number and amount |
|Criteria and criterion ||Precede and proceed |
|Discreet and discrete ||Principal and principle |
|Elicit and illicit ||It's and its |
|Farther and further ||They're and their |
|Imply and infer ||Who's and whose |
|Insure and ensure ||You're and your |
Jeff Haden learned much of what he knows about business and technology as he worked his way up in the manufacturing industry. Everything else he picks up from ghostwriting books for some of the smartest leaders he knows in business.
13 Most Commonly Asked Twitter Questions
by Kim Garst, Social Media Blogger
I get asked a lot of questions about using Twitter for business, so I thought it would be helpful to compile a list of the most common ones in this blog post. Where possible, I have also tried to include a link to a relevant blog post for further reading.
1. Is Twitter even important to my business?
With so many social networks to choose from, many business owners struggle with whether or not Twitter is really important to have in their social marketing mix. While it's certainly possible to have a successful business without being active on Twitter, there are tons of wonderful opportunities you could be missing out on, including increased referral traffic, the opportunity to build your brand, professional networking and the ability to reach a global audience.
For more reasons your business should be on Twitter, see my post 12 Simple Reasons to Use Twitter to Grow Your Business.
2. Is my ideal customer even on Twitter?
The short answer is this: You won't know unless you actively look for them there! While you can look at Twitter's demographics to get an idea how likely it is your target market is active there, it's only through actually using the network for a while that you can get an accurate measure.
Some ways you can find your ideal customer on Twitter include:
3. Can you actually sell stuff on Twitter?
- Using a tool like Twellow to search through public tweets organized by category. This enables you to search relevant categories for new people to follow.
- Search for relevant keywords using Twitter Search to find conversations happening about your brand, products or niche.
- If your business or content is largely news related, or if real-time information sharing is important to your business, your ideal customer is probably on Twitter; in terms of sharing news, there is no better social network than Twitter.
Yes and no. If you're looking to directly sell your products or services using your Twitter feed, you're likely going to end up being disappointed. Continue reading....
Are you following Virginia Title Center on Twitter? We consistently post relevant and timely industry information: Follow us @virginiatitle
Kim Garst is the CEO and co-founder of Boom! Social Media Marketing, and authors one of the top 10 social media blogs in the world. Kim is also in the top 20 women and top 50 Forbes social media power influencers. Bringing people and businesses together online since 1995!
"It is amazing what you can accomplish
if you do not care who gets the credit."
- Harry Truman, 33rd U.S. President -
**Remember to offer your borrowers Owners' Coverage on their most valuable investment. It's a one time premium with a lifetime of security. In addition, they will receive a reduced premium rate when they obtain it simultaneously with your Lender's Coverage.**
WANTED: YOUR FEEDBACK
What Topics Are On Your Mind?
Virginia Title Center wants to provide you with pertinent information in future E-Blasts and Webinars. What questions are on your mind regarding the real estate and mortgage lending industry? What topics would you like addressed in future E-blasts? Send Patti your thoughts.
|Patti L. Dickerson
Director of Marketing & Communications
Virginia Title Center, LLC
1.800.468.5811 or 540.772.0585
"where going the extra mile
is nothing extra at all..."
Give us a call and let us know how we can better serve you and your team!
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