Frequently Asked Questions
IMPORTANT NOTICE: The following Frequently Asked Questions (“FAQ”) and answers are intended to provide an overview of information regarding the liquidation of Millennium Closing Services, LLC d/b/a Millennium Title, in Liquidation (“Millennium Title”). Cantilo & Bennett, L.L.P., as Special Deputy Receiver of Millennium Title reserves the right to provide updated and new information that may affect the interests of Millennium Title. 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 Millennium Title still in the title business?|
Millennium Title, located in Southlake, Texas, is out of business. On
January 25, 2016, 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 Millennium Title 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 Millennium Title or its property.
On that same date, an Agreed Order Appointing Liquidator and Permanent Injunction (the “Order of Liquidation”) was entered by the 53rd Judicial District Court of Travis County, Texas (the “Receivership Court”) granting the Petition, designating the Commissioner of Insurance as Liquidator, and placing Millennium Title into receivership for liquidation.
There is a company called Millennium Title Services of Houston, L.C., in Houston, Texas, that is still in business and has no relationship to this proceeding. However, Millennium Title’s Houston-area fee attorneys are no longer doing business on behalf of Millennium Title.
|Q.||Why is Millennium Title in liquidation?|
|A.||This action was initiated in order to protect claimants, creditors, and the public from further harm that might be caused by Millennium Title’s continued operation. Upon consideration of the Petition, the Receivership Court determined that Millennium Title is insolvent as defined in Texas Insurance Code section 443.004(a)(13) and that grounds exist to place Millennium Title 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 Millennium Title, marshal its assets, and liquidate them. The Liquidator collects all of the assets belonging to Millennium Title 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 Millennium Title. See Notice of Designation of Special Deputy Receiver.|
|Q.||What does the SDR do for the Millennium Title estate?|
|A.||The SDR administers the day-to-day affairs of Millennium Title for the Liquidator. The SDR is charged with responsibilities such as obtaining control of Millennium Title’s operations; 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 Millennium Title?|
Cantilo & Bennett, L.L.P.SDR– Millennium Title, in Liquidation 11401 Century Oaks Terrace Suite 300 Austin, Texas 78758 (512) 478-6000 (512) 404-6550 (fax) www.millenniumtitlesdr.com email@example.com
You may also contact Millennium Title at 817-310-0136
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 Millennium Title - who will pay my claim?|
25, 2016, the Commissioner of Insurance issued an Order designating
Millennium Title 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”), and
located at chapter 2602 of the Texas Insurance Code.
As applicable to the Millennium Title estate, 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 has implemented an Expedited Claims Process and it is currently accepting POCs from escrow claimants. A claim filing deadline has not yet been established. Please refer to www.ttiga.org for further POC instructions, forms, and additional information.|
|Q.||What if my claim is not a “covered claim” or not related to an escrow account?|
|A.||The SDR will create a POC form and, with the Receivership Court’s approval, will establish a claim filing deadline for claims not covered by the TTIGA. Additional details on these items will be available on the SDR’s website in the near future.|
|Q.||I provided goods/services to Millennium Title but was not paid. What is the procedure for a claim against Millennium Title that is unrelated to an escrow account?|
|A.||All claims against Millennium Title that are not related to escrow accounts should be submitted to the SDR in the Proof of Claim ("POC") process. If you have unpaid bills for services provided to Millennium Title (a vendor), you will need to file a POC. Former employees seeking wages or other payments should also submit a POC. The POCs will be reviewed by the SDR Claims Staff. After all required documentation is received and the POC has been reviewed by the SDR Claims Staff, you will be notified regarding the classification of the claim. It is unknown at this time if there will be assets available for the payment of any POCs filed against the assets of the estate.|
|Q.||What if I have a claim related to an escrow account that is not a "covered claim" that will be paid by the guaranty association?|
|A.||All claims against Millennium Title which are related to escrow accounts, but denied coverage by the guaranty association, are deemed filed with the SDR. Any additional information related to the claim you wish the SDR to consider should be submitted to the SDR via the POC process.|
|Q.||What is the SDR’s POC process?|
The POC process provides a mechanism for submission to the SDR of all claims against Millennium Title that are not covered in whole or in part by the TTIGA. This includes claims that are related to escrow accounts with Millennium Title denied coverage by the guaranty association, and claims for goods or services provided to Millennium Title unrelated to escrow accounts.
On August 9, 2016, the Receivership Court issued its order approving the SDR’s POC forms and instructions. That same order established November 15, 2016, as the POC filing deadline. In August 2016, the SDR provided notice of the POC deadline to known creditors, published notice in newspapers, and posted the POC form and instructions on the SDR web site.
Please be sure you submit your POC so that it is received by the SDR before the NOVEmBer 15, 2016, filing deadline. POCs submitted after the filing deadline will not be eligible to share in the assets of the Millennium Title receivership estate unless or until all timely presented claims have been paid in full.
|Q.||Will I receive notice of the POC filing deadline?|
|A.||Notice of the POC process has been provided to known creditors, and published in newspapers. Additional details, including claim forms and instructions are available on the SDR’s web site.|
What if I was a participant in an investor group or Millennium 1031 Exchange transaction and did not get paid?
|A.||You may file a claim with the SDR via the POC process. Whether these groups of claimants may recover from the assets of the Millennium Title receivership estate is unknown at this time.|
|Q.||How soon can 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 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 before any payment can be made. Both the TTIGA and SDR will process claims as expeditiously as possible after a properly filed claim is received.|
|Q.||I heard that funds have been stolen from Millennium Title. Is my money gone?|
|A.||The SDR is working to determine the status of Millennium Title’s accounts and all escrow money on deposit through Millennium Title. The status of specific accounts/amounts of money is unknown. In the event that the funds held in escrow through Millennium Title are insufficient to pay all covered claims, those claims may be eligible for coverage by the TTIGA, subject to its claims filing procedures and the Act. Please see the TTIGA website at www.ttiga.org for more information about filing a claim with TTIGA.|