Dear Associates:
In a company statement issued on August 9, 2002, the Carmel, Indiana, based
firm of Conseco, Inc. ("Conseco"), announced that it would pursue
a "radical change in the company's capital structure"; as
part of their financial Turnaround Plan. To that end, Conseco exercised a 30-day
grace period on impending bond interest payments and has retained financial
and legal advisors for the purpose of beginning immediate discussions with
its debt holders, with a goal of restructuring the capital of the parent company.
The New York Times reported, on August 15, 2002, that Conseco posted a net
loss for the second quarter of $1.33 billion. Additionally, the Securities
and Exchange Commission will begin a probe into the company's accounting
practices.
Conseco is the parent company of Conseco Finance Corporation ("Conseco
Finance"), located in St. Paul, Minnesota. Although it is not yet known
what impact the financial difficulties of the parent company will have on Conseco
Finance, Conseco's August 9, 2002 company statement noted that "First,
none of our operating subsidiaries will be directly involved in the planned
restructuring; and, second, we are comfortable that we will have more than
ample liquidity to operate our businesses throughout this restructuring period."
Effective immediately, for all transactions funded by Conseco Finance wherein
a Stewart Title Guaranty Company ("STGC") agent or approved attorney
intends to issue a STGC Title Insurance Policy, the following conditions must
be satisfied:
For agents who conduct the closings and disburse escrow funds:
Funding by Conseco Finance must be accomplished by wire transfer of funds to
your escrow account the day before closing, and you must verify receipt of
the wire transfer prior to conducting the closing.
For agents who issue policies on transactions wherein the escrow funds are
disbursed by a third party, i.e. closing attorney:
Immediately notify all your closing attorneys: 1) Stewart requires, on all
transactions funded by Conseco Finance, that funding must be accomplished
by wire transfer to their escrow account the day before closing; and, 2)
your closing attorney must certify, to you, receipt of Conseco Finance's
wire transfer.
If your office has closed any transactions wherein funding has not yet been
received, please contact Stewart Title Guaranty Company's National
Legal Department IMMEDIATELY. Please contact:
Patty Hoesl
Stewart Title Guaranty Company
1980 Post Oak Boulevard, Suite 710
Houston, Texas 77056
(800) 729-1902
(713) 625-8225
(713) 629-2248 (FAX)
Thank you for your anticipated cooperation.