RFP - Title Insurance Services
| Agency: | City of Rochester |
|---|---|
| State: | New York |
| Type of Government: | State & Local |
| Category: |
|
| Posted: | Nov 29, 2023 |
| Due: | Jan 15, 2024 |
| Publication URL: | To access bid details, please log in. |
RFP - Title Insurance Services
The City of Rochester Law Department is seeking proposals for the preparation of title searches for parcels of real property for the City’s bulk in-rem tax foreclosure action, and the preparation of foreclosure notices to creditors found on the title searches. Any company submitting a proposal should be prepared to provide the necessary search and notice preparation work for at least 2500 parcels of property.
Timeline
| Activity | Time | Date |
| RFP Release |
|
November 27, 2023 |
| Deadline for questions |
|
December 11, 2023 |
| Response for questions submitted | December 18, 2023 | |
| Proposals due | 5 p.m. EST | January 15, 2024 |
| Consultant selection and award notification | January 29, 2024 | |
| City Council approval of agreement with Consultant | February or March 2024 | |
| Agreement start date | March or April 2024 |
Communications
All communications by parties who have indicated an intent to submit or have submitted a proposal in response to this RFP (“Respondents”), including any questions or requests for clarifications, submission of the proposal, requests for status updates about the proposal selection process and any other inquiries whatsoever concerning this RFP shall be sent, in writing, to the following City staff person (“City Contact”):
Andrew J. Creary, Municipal Attorney
City of Rochester Law Department
400A City Hall
30 Church St.
Rochester, NY 14614
andrew.creary@cityofrochester.gov
(585) 428-6810
No contact is permitted with any other City staff member with regard to this RFP during the RFP process unless specifically authorized in writing. Prohibited contact may be grounds for disqualification.
Attachment Preview
City Hall Room 400A, 30 Church Street
Rochester, New York 14614-1295
andrew.creary@cityofrochester.gov
City of Rochester
Request for Proposals
Title Insurance Services
Proposals to be received by 5:00 PM
January 15, 2024
Department of Law
Submit Proposals to:
Andrew J. Creary, Municipal Attorney
City of Rochester Law Department
400A City Hall
30 Church St.
Rochester, NY 14614
Andrew.Creary@cityofrochester.gov
(585) 428-6810
The City of Rochester Law Department is seeking proposals for the preparation of title searches
for parcels of real property for the City’s bulk in-rem tax foreclosure action, and the preparation of
foreclosure notices to creditors found on the title searches. Any company submitting a proposal should
be prepared to provide the necessary search and notice preparation work for at least 2500 parcels of
property.
BACKGROUND
The City of Rochester conducts an annual tax foreclosure action under Article 9, Title 4, Part E
of the Rochester City Charter. The action typically is commenced in April and concludes with an auction
in November. An essential element of that action is the mailing of notices to creditors discoverable by a
search covering the most recent ten years, or the period of ownership of the present owner, whichever
is longer. The auction must be advertised once per week for four successive weeks, and the creditor
letters must be mailed out before the judgment is submitted to the Supreme Court. The deadline for
mailing creditor letters is typically the last week in August. The City’s title company must therefore
complete between 1,000 and 3,500 ten year searches between the commencement of the action and
the end of August when it must deliver the creditor letters to the City for mailing. The City also asks its
title company to prepare notices in a format provided to it by the City, and provide them to the City in
envelopes, among other tasks, at no additional charge to the City, as provided herein.
Phone: 585.428.6990 Fax: 585.428.6950 TTY: 585.428.6054 EEO/ADA Employer
Request for Proposals
Foreclosure Title Searches
Page 2
Activity
RFP Release
Deadline for questions
Response for questions submitted
Proposals due
Consultant Selection and Award
Notification
City Council Approval of agreement
with Consultant
Agreement Start Date
TIMELINE
Time
5:00 p.m.
Date
November 27, 2023
December 11, 2023
December 18, 2023
January 15, 2024
January 29, 2024
February or March, 2024
March or April, 2024
The dates shown above may be subject to change within the City of Rochester’s sole discretion
and upon written notification as set forth herein.
COMMUNICATIONS
All communications by parties who have indicated an intent to submit or have submitted a
proposal in response to this RFP (“Respondents”), including any questions or requests for clarifications,
submission of the proposal, requests for status updates about the proposal selection process and any
other inquiries whatsoever concerning this RFP shall be sent, in writing, to the following City staff
person (“City Contact”):
Andrew J. Creary, Municipal Attorney
City of Rochester Law Department
400A City Hall
30 Church St.
Rochester, NY 14614
andrew.creary@cityofrochester.gov
(585) 428-6810
No contact is permitted with any other City staff member with regard to this RFP during the RFP
process unless specifically authorized in writing. Prohibited contact may be grounds for disqualification.
Request for Proposals
Foreclosure Title Searches
Page 3
To ensure that all Respondents have a clear understanding of the scope and requirements of this RFP,
the City will respond to all timely questions submitted via e-mail to the City Contact by the question
deadline stated above. Questions and the responding answers will be sent via e-mail to all
Respondents who have provided an e-mail address to the City Contact and will be posted on the City’s
web page for this RFP. The City’s failure to timely respond or provide responses to any questions shall
not delay or invalidate the City’s right to make a decision to award an agreement pursuant to this RFP.
The City will make every reasonable effort to keep Respondents informed about the RFP
process. Notifications about Timeline date changes, amendments to the RFP and other information
about the RFP will be sent by e-mail to Respondents who have provided an e-mail address to the City
Contact and will be posted on the City’s website for this RFP. The City’s failure to provide such
information shall not delay or invalidate the City’s right to make a decision to award an agreement
pursuant to this RFP.
SCOPE OF SERVICES
A. Each proposal should incorporate the following points:
1. The City will initiate the assignment, probably during the month of March or April in
each year of the contract, by providing to the Company, in either written or electronic form or both, a list
of parcels of real property for which title searches are required. The parcels will be identified by street
address, SBL number, and owner’s name. The list will most likely contain at least 2500 parcels.
2. The Company shall then search the title for each parcel sufficiently to obtain the
following information, which shall be compiled in electronic form:
a. Verification that the record owner shown on the City’s list was in fact the record
owner of the parcel on the date of commencement of the City’s tax foreclosure action.
b. Any pending bankruptcy proceeding that would impair the City’s legal ability to
take the property in foreclosure.
c. All present creditors of the property, whether by mortgage, judgment lien, tax
lien, or other lien, that are discoverable through a search covering the most recent ten years, or
the period of ownership of the present owner, whichever is longer, plus the address of each
such creditor, where available.
d. Any other party having a legal interest in the property, where such party’s identity
is discoverable from a search of public records covering the most recent ten years, or the period
of ownership of the present owner, whichever is longer, plus the address of each such party,
where available.
e. Any circumstances discovered through a search of the public records that
indicate that there may be one or more owners, creditors, or other interested parties who by law
are entitled to notice of a tax foreclosure proceeding, but whose identity is unknown.
3. After the initial transmission of the property list to the Company, the City will periodically
identify to the Company parcels that have been redeemed or withdrawn from foreclosure, for which title
Request for Proposals
Foreclosure Title Searches
Page 4
searches are no longer needed. If the Company has not yet commenced work for such a parcel, the
Company shall remove the parcel from its list, and shall not bill the City for work on such parcel.
4. During the period when the Company is compiling title and creditor information, the
Company shall identify to the City any properties for which the title search has disclosed: (a) one or
more bankruptcy proceedings affecting the property, (b) the possibility of an interested party whose
identity cannot be ascertained, or any other title problem that might legally prevent the City from
foreclosing against the property, (c) a different record owner as of the date of the commencement of the
City’s tax foreclosure action from the owner shown on the City’s list, (d) any federal lien. The
information transmitted shall include sufficient detail to permit the staff of the City’s Law Department to
investigate the matter disclosed. After the City’s investigation, the Company and the City shall consult
to determine whether the property should remain in the City’s foreclosure action. If the Company
concludes that the City cannot legally foreclose against a given property, the City shall withdraw that
property from its foreclosure action.
5. During the period when the Company is compiling title and creditor information, the
Company shall consult with the staff of the City’s Law Department for guidance and assistance in
verifying mailing addresses for the various creditors.
6. The initial electronic compilation of title and creditor information, as set forth in
paragraph 2 above, shall be done by the Company such that the mailing may be completed by the last
week in August. Thus, if the action is commenced in April, and there are 2500 parcels to be searched,
the searches must be done by the Company at an average rate of at least 125 parcels per week.
7. Upon the completion of the electronic compilation of title and creditor information for all
properties, the Company shall utilize its electronic computer capability to generate creditor foreclosure
notices, as follows.
a. A notice must be prepared for every creditor or interested party disclosed by the
Company’s search, in the format prescribed by the City. Separate notices shall be supplied by
the Company for the Federal Government and the State of New York. The Federal notice will
be required to comply with the requirements set forth by 28 USC § 2410, and guidance related
to said notice requirements can be provided by the City.
b. Each notice shall be addressed to the creditor or party, and shall identify all
properties in which such party has an interest, as shown by the Company’s search. A single
notice shall be generated for each creditor or interested party. (There shall not be a separate
letter for each property for each party.)
c. The text and format of the creditor notice shall be supplied by the City.
d. The notices shall not include reference to any property that has been redeemed
or withdrawn from foreclosure, so long as the City has notified the Company of the redemption
or withdrawal.
e. The creditor notices shall be prepared by the Company and delivered to the City,
ready for mailing, not later than the last week of August.
8. Simultaneously with the delivery to the City of the creditor foreclosure notices, Company
shall provide to the City the following documents:
a. A written list of every property for which creditor notices were prepared, in street
Request for Proposals
Foreclosure Title Searches
Page 5
address order, showing every creditor and interested party found for such property, including
mailing addresses.
b. A written list of every creditor or interested party for whom a notice was
prepared, in alphabetic order, showing the complete mailing address that appeared on the
notice, and the list of properties identified on the notice. Such list shall be accompanied by an
affidavit of preparation of such notices.
c. A written list of every property that was on the City’s initial list transmitted to the
Company, showing the final status of each property, i.e., redeemed and not searched,
redeemed but already searched, withdrawn for bankruptcy or other title reasons, searched but
no creditors found, searched and creditor notices prepared.
9. Simultaneously with the delivery to the City of the creditor foreclosure notices, the
Company shall provide to the City, in electronic form, a copy of the creditor and title information
compiled by the Company, organized by property address.
B. 1.
In addition to preparing creditor foreclosure notices as described above, the Company
shall prepare regular 60-year title reports, with U.S. and guaranteed tax searches, for individual
properties at the City’s request, up to 200 per year. Some properties for which the City requests such
reports may have already been the subject of a ten-year foreclosure search by the Company, and some
may not. Each 60-year title report shall contain sufficient information to serve as the basis for title
insurance to be issued by the Company to a purchaser of the property. The City may choose not to
order any 60-year reports. However, the City expects the successful proposer to pass pricing pursuant
to the agreement resulting from this RFP to purchasers of City property at auction.
2. If the City orders a 60-year title report for a property for which the Company has already
prepared a foreclosure search, the Company shall rely on its earlier foreclosure search for the listing of
any creditors or transactions occurring during the period of time covered by that search, whether ten
years or the period of ownership of the present owner, and shall not re-search that period of time.
C. The proposal should be for a three year term. The proposal should:
1. Specify the maximum number of parcels that can be searched, and the time-frame for
both (1) the initial search work and (2) the preparation of the creditor notices. It will be important to the
City to have the largest possible number of properties searched in the shortest possible period of time.
2. Describe in detail how each step required by the City will be carried out.
3. Specify the price (presumably per parcel) for the title search and preparation of creditor
foreclosure notices and the production of all related documents, as set forth above. Specify the price for
both the first year of the agreement and the optional second and third years.
4. Specify the price for each 60-year title report ordered by the City. If a lower price can be
offered for properties already searched for foreclosure purposes, that price should also be stated.
Specify prices for both the first year of the agreement and the optional second and third years.
5. State whether the Company can make a commitment to offer title insurance, at the usual
rates, to purchasers of all properties that the City acquires through foreclosure, for which the Company
has prepared a foreclosure search and a 60-year search, provided that no title problem is uncovered in
the 60-year search.
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