Advocacy

Title Waiver Pilot

The Biden Administration released a plan aimed at lowering housing costs that includes a pilot to waive the requirement for lender’s title insurance on certain refinances. ALTA called the announcement a political gesture offering a false promise of savings for homeowners while exposing consumers, lenders and taxpayers to greater financial risk.

Unregulated Alternatives to Title Insurance

ALTA continues to take the lead in engaging with state regulators, the FHFA, Fannie Mae, Freddie Mac and lenders about the risks of waiving title insurance requirements.

FinCEN

Financial Crimes Enforcement Network (FinCEN) requires title companies to collect and report beneficial ownership information on certain real estate transactions.

Non-Title Recorded Agreements for Personal Service

ALTA supports efforts to protect consumers by prohibiting the filing of unfair real estate fee agreements in property records. ALTA advocates for state laws and regulations preventing enforcement of NTRAPS.

Good Funds

The use of various payment rails in real estate transactions is governed by state Good Funds laws. These laws set requirements for acceptable forms of closing funds.

Seller Impersonation Fraud

Sophisticated fraudsters are using the real property owner’s Social Security and driver’s license numbers in the transaction, as well as legitimate notary credentials, which may be applied without the notary’s knowledge.

 9 Red Flags to Identify Deepfakes Targeting Financial Institutions

November 19, 2024

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an alert to help financial institutions identify fraud schemes associated with the use of deepfake media created with generative artificial intelligence (GenAI) tools.

Bipartisan Congressional Real Estate Caucus Urges FHFA to Halt Title Insurance Waiver Pilot

November 19, 2024

Led by U.S. Rep. Lou Correa (D-Calif), Mark Alford (R-Mo.), Tracey Mann (R-Kan.) and Brittany Pettersen (D-Colo.), 17 members of Congress sent a letter on Nov. 18 to FHFA Director Sandra Thompson that said the pilot will inadvertently cause irreparable damage to homeowners and lenders, and potentially leave them without critical protection against financial loss. The four representatives are co-chairs of the caucus.  

Alert: Phishing Email Appears to Come From Ellie Mae Targets Title Industry

October 3, 2024

The fraudulent email has the subject line "You have a new Title & Closing request from the Encompass Title Center."

 Florida Court Rules MV Realty’s Contract ‘Unconscionable’ Under State Law

October 1, 2024

In its holding, Florida’s Circuit Court of the 13th Judicial Circuit in Hillsborough County found that MV Realty’s Homeowner Benefit Agreements contract is unconscionable under Florida law and violated the state’s Deceptive and Unfair Trade Practices Act and Telemarketing Sales Rule.

Minnesota Joins List of States Suing MV Realty

October 1, 2024

MV Realty faces similar lawsuits in California, Florida, Georgia, Illinois, Indiana, Massachusetts, New Jersey, North Carolina, Ohio and Pennsylvania.

 Calif. Court Orders Preliminary Injunction Against MV Realty

September 19, 2024

The Superior Court of California for the County of Los Angeles on Sept. 13 issued a preliminary injunction against MV Realty, a Florida-based company that engaged in a predatory scheme to lure vulnerable homeowners looking for financial help with an immediate payment and then locked them into so-called Homeowner Benefit Agreements.