FAQ

 

 

IMPORTANT NOTICE: The following Frequently Asked Questions ("FAQ") and answers are intended to provide an overview of information regarding the liquidation of Webb County Title & Abstract Company, Inc., in Liquidation ("WCTA"). Cantilo & Bennett, L.L.P. as Special Deputy Receiver of WCTA reserves the right to provide updated and new information that may affect the interests of WCTA. Nothing herein constitutes a binding legal statement by the Commissioner of Insurance of the State of Texas, the Special Deputy Receiver, or their representatives. Nor are the statements contained herein intended as complete legal descriptions of the events or matters to which they relate. The material provided herein is offered only for the purpose of general information. For full legal information, interested parties should review the source documents and applicable legal authorities.

   

Q.

Is Webb County Title & Abstract Company, Inc. ("WCTA") still in the title business?

A.

No. On November 7, 2007, the Texas Department of Insurance ("TDI") filed the Texas Department of Insurance Staff’s Application for Emergency Cease and Desist Order with the Commissioner of Insurance of the State of Texas ("Commissioner of Insurance") against WCTA alleging issues with the escrow funds, that WCTA was insolvent by approximately $1M at the end of 2006, and that allowing WCTA to continue its operations would cause further financial harm to the public. On November 26, 2007, the Commissioner of Insurance issued an Emergency Cease and Desist Order which ordered WCTA to cease an desist from engaging in the business of title insurance.

On January 11, 2008, the Office of the Attorney General of Texas as plaintiff filed the Plaintiff’s Original Petition and Application for Order Appointing Liquidator and Request for Injunctive Relief ("Petition"). The Petition sought the designation of the Commissioner of Insurance as Liquidator and a permanent injunction restraining WCTA from conducting the business of insurance, except as directed by the Liquidator. In addition, the Petition sought to restrain other parties from taking any actions against WCTA or its property.

On that same date, an Agreed Order Appointing Liquidator and Permanent Injunction (the "Order of Liquidation") was entered by the 201st Judicial District Court of Travis County, Texas (the "Receivership Court") granting the Petition, designating the Commissioner of Insurance as Liquidator, and placing WCTA into receivership for liquidation.

   
Q. Why is WCTA in liquidation?
A.

This action was initiated in order to protect claimants, creditors, and the public from further harm which might be caused by WCTA’s continued operation.  Upon consideration of the Petition, the Receivership Court determined that WCTA is insolvent as defined in Texas Insurance Code section 443.004(a)(13) and that grounds exist to place WCTA into liquidation under Texas Insurance Code section 443.057.  Thus, the Receivership Court entered the Order of Liquidation.

   
Q. What is an Order of Liquidation?
A.

An Order of Liquidation is a final order that gives the Commissioner of Insurance as Liquidator, among other powers and duties, the authority to take control over WCTA, marshal its assets, and liquidate them. The Liquidator collects all of the assets belonging to WCTA as the company that is in receivership (also referred to as the "receivership estate"). Assets are then used to reduce estate debts and pay claims as outlined in Texas Insurance Code chapter 443. The Order of Liquidation also authorized the Liquidator to appoint a special deputy receiver and retain other professional services he deems necessary.

   
Q. Has the Liquidator appointed a Special Deputy Receiver ("SDR")?
A. Yes. The Liquidator has appointed Cantilo & Bennett, L.L.P., to serve as the SDR for WCTA. See Notice of Designation of Special Deputy Receiver.
   
Q. What does the SDR do for the WCTA estate?
A.

The SDR administers the day-to-day affairs of WCTA for the Liquidator. The SDR is charged with responsibilities such as obtaining control of WCTA’s operations, and identifying and securing company property and records; marshaling, evaluating and liquidating the assets of the company; handling litigation filed by and against the estate; operating the company’s information systems and extracting data; investigating liability of parties responsible for the company’s insolvency and identifying preferential transfers; providing notice of the liquidation to claimants and interested parties; coordinating referral of claims to affected guaranty associations and handling claims against the estate; distributing assets to creditors with approved claims; and filing pleadings, financial statements, and reports with the Liquidator and the Receivership Court.

   
Q. Whom should I contact for additional information regarding the SDR or with questions regarding WCTA?
A. Cantilo & Bennett, L.L.P.

SDR– Webb County Title & Abstract Co., Inc., in Liquidation

11401 Century Oaks Terrace

Suite 300

Austin, Texas 78758

(512) 478-6000

(512) 404-6550 (fax)

webbsdr@cb-firm.com

   
Q. Whom should I contact if I need documents or information for a closing or related matter?
A. If you need documents or information, please contact the SDR through the contact information listed above. The SDR will respond to your request as expeditiously as possible.
   
Q. What if I have a claim against WCTA - who will pay my claim?
A. On January 15, 2008, the Commissioner of Insurance issued an Order designating WCTA as an impaired agent under chapter 2602 of the Texas Insurance Code. This coupled with the Order of Liquidation triggers the Texas Title Insurance Guaranty Association’s ("TTIGA") responsibility to pay "covered claims." "Covered claims" are defined in the TTIGA statute, referred to as the Texas Title Insurance Guaranty Act (the "Act"), located at chapter 2602 of the Texas Insurance Code.

As applicable to WCTA, the Act defines an unpaid claim as a covered claim if the claim is against trust funds or an escrow account of an impaired title insurance company or agent and is unpaid because of a shortage of those funds or in that account. Further, a claim may be covered up to $250,000 per transaction. Please consult the applicable statute for complete information regarding covered claim requirements and limitations. You may also visit the TTIGA website at www.ttiga.org for further information, instructions, and forms required to file a Proof of Claim ("POC").

   
Q. Since the TTIGA’s involvement has been triggered, what action has been taken to allow the TTIGA to pay claims?
A. The TTIGA filed an Amended Application for Transfer of Escrow Funds and Request for Claims Filing Deadline with the Receivership Court, which requested a transfer of WCTA escrow accounts from the Liquidator to the TTIGA, release of WCTA records necessary for the TTIGA to fulfill its obligations, and approval of an October 14, 2008 claim filing deadline and claim payment plan regarding covered claims. On April 28, 2008, the Receivership Court entered an Amended Order Granting Amended Application for Transfer of Escrow Funds and Request for Claims Filing Deadline granting TTIGA’s requests, which provided TTIGA the authority to establish payment procedures, including a POC form, and established a claim filing deadline of 11:59 p.m. Central Time October 14, 2008. A claim filed after the claim filing deadline will be considered a late-filed claim, meaning a claim filed by the deadline will have higher priority. A claimant must properly file a POC with the TTIGA in order for his or her claim to be evaluated and potentially paid. Please refer to www.ttiga.org for further information.
   
Q. What if my claim is not a "covered claim" or not related to an escrow account?
A. The SDR created a POC form and with the Receivership Court's approval, established October 14, 2008, as the claim filing deadline for claims not covered by the TTIGA.  Notice was provided to known creditors, and published in the Laredo Morning Times.  Additional details, including claim forms and instructions are available on the SDR's website.
   
Q. Will I get my money back?
A. Under Texas Insurance Code chapter 443, the Liquidator must go through a number of steps before claims can be paid.  If a claim is covered by the TTIGA, it must be properly filed with the TTIGA through its POC process and evaluated before any payment can be made.  If a claim is not covered by the TTIGA, it must be properly filed with the SDR through the SDR's POC process.  Unfortunately, however, due to the extremely limited funds in the estate, it is unlikely that any claims will be paid by the estate.
   
Q. I heard that funds were stolen from WCTA. Has anyone been prosecuted?
A. The local authorities in Laredo indicted a former employee on 13 counts of fraud, theft and misapplication of funds. Recently, a plea bargain was entered in which the perpetrator was sentenced to 12 years in state prison.
   
Q. Is the WCTA building for sale?
A. Yes. A purchase proposal and commitment letter have been received from an interested purchaser, and an application for approval of the sale has been filed with the Receivership Court. Notice of the application was served on known interested parties, published in the Laredo Morning Times and is posted on the SDR's website. Competing bid proposals for purchase of the building must be submitted to the SDR in writing by 12:00 Noon Central Standard Time on February 12, 2010.
   
Q. Is the WCTA title plant for sale?
A. Yes. The WCTA title plant is being offered for sale. Notice of the sale was served on known interested parties, published in the Laredo Morning Times and is posted on the SDR's website. Bid proposals for purchase of the title plant must be submitted to the SDR in writing by 5:00 PM Central Standard Time on February 15, 2010. Once a potential purchaser is selected, and application for approval of the sale will be filed with the Receivership Court.

 

Home Documents FAQ Links