CFPB Approach to Disclose Title Fees on Mortgage Disclosures Not ‘Transparent,’ ‘Practical’ or ‘Accurate’ as Director Cordray Believes

April 12, 2016

ALTA released the following statement in response to Consumer Financial Protection Bureau (CFPB) Director Richard Cordray’s letter to U.S. Senator Bob Corker (R-TN) today:

“We thank Senator Corker for his very helpful letter to CFPB and appreciate Director Cordray’s response. This important correspondence demonstrates that there is confusion with this complex 1,888-page regulation and that constructive oversight by Congress is productive,” said Michelle Korsmo, ALTA’s chief executive officer.

“We all agree that consumers should be well-informed about the accurate costs of purchasing a home or refinancing a mortgage—including what they pay for each service during the transaction. However, as we have consistently said, the Bureau’s current approach does not provide consumers with clear information about their title insurance costs. The required calculation under TRID for title insurance fees is not “transparent,” “practical” or “accurate” as Director Cordray states in his letter and is inconsistent with the Bureau’s mission to better inform consumers,” Korsmo continued.”

“The title and settlement industry share the Bureau’s desire to better inform consumers. We look forward to continuing our conversation with Director Cordray and the CFPB staff to correct the calculation of title insurance policy premiums on the mortgage disclosures.”

“While we disagree with the CFPB’s inaccurate disclosure of title insurance fees on the mortgage disclosures, the letter is helpful in providing clarification about how lenders and settlement agents should manage liability. In addition, the explanation about cure provisions for violations of the rule is welcomed,” Korsmo continued.

Contact ALTA at 202-296-3671 or