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Hey there Wicked Title Folks,

Just a quick reminder that you can catch a sighting of me live in the wild tomorrow on “tHERsdays with Sandi”, hosted by Real Estate Closing Path, at 11:00 AM ET.

If you’ve ever wanted to ask me a question, hear my thoughts on where the title industry is headed, or simply confirm that I exist outside of newsletters and comment sections, I’d love to have you join us.

No sales pitch. No webinar gimmicks. Just a conversation about title, technology, industry trends, and the challenges we’re all trying to navigate.

I hope to see a few familiar names in the audience.

— Cheryl

Thank you to our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🪄Business Witch Academy, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers
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Some old deed restrictions are like ghosts in the title chain.

They have no legal power anymore. They should not be there. Everyone knows they should not be there.

And yet, there they sit in the public records, printed into old deeds, subdivision restrictions, declarations, covenants, and governing documents like some ugly little fossil from an era nobody should be preserving in the land records.

New York has now decided that “technically unenforceable” is not good enough.

Effective June 3, 2026, New York Real Property Law § 327-a creates a formal process for modifying recorded documents that contain unlawful discriminatory restrictive covenants. The law is aimed at legacy language that purports to restrict ownership, occupancy, sale, lease, transfer, use, or enjoyment of real property based on a protected class.

In plain English: if the old documents say the wrong thing, the transaction may now need more than a polite shrug and a “that’s void anyway.”

It needs a recorded correction.

Keep reading to find out:

• What New York’s new restrictive covenant law actually does

• Why “unenforceable” is no longer the end of the conversation

• Which kinds of discriminatory restrictions title teams should be watching for

• What “protected class” means under the law

• When the new modification process is triggered

• And why this is about to become a workflow issue, not just a historical cleanup project

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🐐 About Wicked Title | 🔍 Search the Knowledge Base | 📢 Be a Sponsor

The Closing Emergency Started Long Before Closing Day

The hidden communication gaps and missed warning signs that turn ordinary files into fire drills rarely begin at the closing table.

They begin earlier—in a vague handoff, an unanswered request, a curative issue no one escalated, or a file that looked “fine” in the report because the report was measuring volume instead of friction.

Your title company probably does not need more reports. It needs a better feedback loop.

Before we go any further, I’d like to give a quick shout out to our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🪄Business Witch Academy, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers. Your support helps make Wicked Title possible.
📢 Be a Sponsor

Better operations start with two things: clearer communication and earlier visibility.

But those two things are not enough on their own.

This month I found 3 seemingly unrelated pieces of industry content: one about communication styles, one about visual KPI dashboards, and one about recognizing small wins.

On their own, each offers a useful idea.

Placed beside one another, they reveal something much bigger about how title companies operate—and why recurring workflow problems are often misunderstood.

A dashboard can identify a bottleneck, but it cannot make two departments communicate. A communication framework can improve a handoff, but it cannot show leadership whether the problem is isolated or systemic. And neither creates lasting improvement unless the organization notices and reinforces the behaviors that are working.

The stronger operational model connects all three:
Communication helps teams understand the work.
Visibility helps leaders see the work.
Recognition helps better ways of working stick.

The problem is that most title companies treat those as three separate management issues.

They are not.

And once you see how they interact, a lot of “people problems,” reporting problems, and recurring workflow failures start to look very different.

That is where the real solutions emerge.

Because the real questions are not simply whether your team communicates well or whether your dashboard looks impressive.

The questions are:
Why do the same handoffs keep breaking down?
What is your reporting failing to show you before a file becomes urgent?
And why do some operational improvements disappear after one good week while others become part of how the company works?

In the rest of this article, we connect those questions.

We’ll look at what better communication really looks like, what your dashboards may be failing to show you, and how small operational wins can change the way a company improves.

Keep reading to get the complete Wicked Trends & Forces analysis, links to the source material behind it, and the practical questions title leaders can take back to their teams.

Because if your reports look fine while your team is drowning, the problem is not that you need more data.

It is that you need to see what the data is missing.

Read more

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👀 A Rare Public Sighting...

Confession:

For someone who publishes as much as I do, I don’t actually make many public appearances.

Most of my conversations happen through a keyboard. A newsletter. A guide. A late-night article written after I fell down some obscure title-industry rabbit hole and decided the rest of you needed to come with me.

But every once in a while, it’s nice to have an actual conversation.

That’s why I’m excited to join Sandi on tHERsdays with Sandi, hosted by Real Estate Closing Path, on June 18th at 11:00 AM EST.

And I’d love for you to be there.

No sales pitch. No webinar funnel. No “stick around until the end for a special offer.”

Just a real conversation about the things title professionals are dealing with right now—the challenges, the opportunities, the technology, the frustrations, and where I think all of this is headed.

If you’ve ever replied to one of my newsletters and thought, “I’d love to hear Cheryl’s take on that...” this is your chance.

If you’ve ever wondered what I sound like when I’m not typing furiously at my laptop, this is also your chance.

And if you’ve ever wanted to spend an hour hanging out with a bunch of title nerds who actually understand what you do all day, well... that’s probably the best reason of all.

I’d love to see some familiar names in the audience.

See you there,
Cheryl

🐐 Title Underground Top Stories

Brought to you by our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🪄Business Witch Academy, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers
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Quick updates for Busy Brains

• 📄 Your Real Estate Transaction May Be Subject to a U.S. National Security Review - CFIUS isn’t just a defense-contractor problem anymore. Foreign investment reviews can affect transactions involving sensitive data, infrastructure, technology businesses, and certain real estate near military or government sites — and the problem may not show up until late in the deal if no one flags it early. For title agents, the play is not to diagnose CFIUS risk yourself, but to recognize the red flags: foreign ownership structures, commercial or land acquisitions near sensitive sites, infrastructure-adjacent property, and entity buyers tied to tech, data, logistics, energy, or telecom. When those ingredients show up, get counsel involved before the closing date becomes a hostage situation. Members scroll down for a list of red flags and next steps!

• 📄 New report calls for mandatory regulated mortgage advice for all first-time buyers - I’d suggest that mandatory title insurance advice and education for first time buyers would also be excellent industry wide policy. What do you think? Leave a comment on this post.

• 📄 What happens when a land deal is so corrupt that the state literally burns the deeds? 🔥In 1795, the infamous Yazoo Land Scandal forced the Supreme Court to answer a fundamental question that the real estate industry still grapples with today: Can a completed land transaction be undone if corruption is uncovered later? The resulting 1810 decision in Fletcher v. Peck established the bedrock of stability and finality that your chain of title relies on today. Catch the full story… ->

• eXp’s acquisition of NextHome signals a major shift in real estate toward multi-model brokerage platforms. As the industry evolves, companies that offer flexibility, scalability, and stronger agent support will likely lead to the next wave of growth. Consolidation is no longer just about size — it’s about creating ecosystems that serve agents and consumers in multiple ways.

🧩 Don’t miss out…

The free edition highlights a few of the biggest stories impacting title & escrow right now — but the full version of the Title Underground goes much deeper into the operational, legal, market, and strategic shifts unfolding underneath them.

This week, members also explored:

📢 Something new coming just for paid subscribers to give them a unique edge in the industry.

🕵️‍♂️ The hidden scale of American’s pent-up housing demand and what the Strait of Hormuz has to do with your next closing.

⚖️ The legal and regulatory developments quietly reshaping liability, compliance operations, environmental risk, and data protection inside title companies.

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Subscribe now

👀 Things Wandering Toward Your Workflow

New tools, vendor launches, and tech experiments making their way toward the closing table.
👀 Get on the Workflow Watchlist

The AI Escrow Officer Has Entered the Chat — HomeLight has launched EVA, an AI-powered escrow agent designed to automate many of the tasks required to close a residential transaction, from opening orders to pulling HOA documents and coordinating with lenders. Whether this makes you excited, itchy, or both, it’s a clear signal: AI is no longer circling the title and escrow process from a safe distance. It is walking right into the file.

🎟️Events

• 🎟️Live Unreal Summit 2026

  • 📅 June 15-18th | ⏰ all day | 📍 Phoenix, AZ

• 🎟️Economic Webinar: What comes next for the housing market?

  • 📅 June 17th | ⏰ 2:00pm EST/7:00am PST | 📍 Register Here
    The market has spent the last several years adjusting to rapid change.
    What comes next?
    Join Shandor Whitcher, economist at Moody’s Analytics, for a data-driven look at the trends expected to shape housing and mortgage markets in the second half of the year.

• 🎟️ALTA: Let ALTA Help You Build Your Talent Pipeline

  • 📅 June 17th | ⏰ 1-2pm EST | 📍 Register Here
    Discover how ALTA’s Internship Launchpad can help your company attract, train and retain the next generation of title professionals.

• 🎟️ALTA: Let ALTA Help You Build Your Talent Pipeline

  • 📅 June 17th | ⏰ 1-2pm EST | 📍 Register Here
    Discover how ALTA’s Internship Launchpad can help your company attract, train and retain the next generation of title professionals. This webinar will walk members through the customizable tools and ready-to-use resources available in the Launchpad, including onboarding guides, evaluation templates and branded materials. Register for this Data Trace-sponsored ALTA Insights webinar and learn how to build a structured, impactful internship program with less guesswork and more confidence, whether you’re starting from scratch or enhancing an existing program.

• 🎟️ Bankruptcy & Real Estate with Larry Young

  • 📅 June 18th | ⏰ 11:00am EST| 📍 Register Here
    🚨 Pennsylvania Realtors, Lenders & Title Professionals — this one’s for you!
    Ever had a transaction where someone casually mentions bankruptcy… and suddenly everyone in the deal starts asking questions? 😅
    Larry will break down:
    ✅ How bankruptcy impacts real estate transactions

    ✅ Common pitfalls for agents, lenders, and title professionals

    ✅ What to watch for before closing day

    ✅ Real-world scenarios and best practices

• 🎟️Mastermind Summit

  • 📅 June 24-26th | ⏰ all day | 📍 Las Vegas, Nevada

See all events

💼 Job Postings: WFG Is Hiring: Your Next Title Adventure Might Be Here

Ready for a new desk, a bigger challenge, or fewer “reply all” emails? WFG currently has openings across title, escrow, underwriting, sales, leadership, marketing, and technology. Featured opportunities include:

• Title Examiner - Virtual • Multiple Locations • Experience in WA, OR, NM, CA & more

• Escrow Assistant — CA, AZ, NM

• Escrow Branch Manager — Multiple Locations in CA

• Agency Account Manager — TX

• Escrow Officer — Arizona

• Underwriting Counsel — Ohio

• Division President — Colorado

• Sales Representative — New Jersey

• Graphic Designer - Phoenix, AZ

• Azure Cloud Systems Engineer — Virtual/Irvine, California

Openings can change quickly, so review location, licensing, experience, and work-arrangement requirements directly in each posting. WFG’s careers page links to its live Dayforce job board.

Explore current WFG opportunities

💼 Place Your Job Posting Ad Here

Thank you to our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🪄Business Witch Academy, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers
📢 Be a Sponsor

Read more

We’re seeing an increase in FIRPTA issues related to sellers undergoing immigration status changes, particularly in deportation proceedings. These situations can complicate transactions, especially when they shift a seller’s tax classification mid-process.

Here’s what’s important:

Key IRS Facts

• FIRPTA applies when the seller is a “foreign person” at the time of sale.
  This includes nonresident alien individuals, foreign corporations, and certain foreign trusts/estates.

• Buyers must withhold 15% of the sale price when acquiring U.S. real estate from a foreign person.

• The seller’s residency status at the time of closing, not at purchase, determines whether FIRPTA applies.
  A change in status before the sale (such as becoming a nonresident alien) may trigger FIRPTA withholding requirements.

• If the buyer fails to withhold when required, they may be held liable for the tax.

We’re Seeing More of These Cases

As these situations become more common, we encourage settlement agents, real estate professionals, and attorneys to be proactive when immigration status is in question—especially ahead of a closing.Our office is helping more clients navigate this intersection between tax and immigration, and we’re here to assist if questions arise.

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For years, most title agencies treated reverse mortgages like occasional specialty files.

Slow.
Complicated.
Paper-heavy.
Emotionally delicate.
And usually assigned to whichever closer drew the short straw that morning.

But something important is changing.

Reverse mortgages are no longer just a niche senior product sitting quietly in the corner of the lending world. They’re becoming one of the few genuinely expanding mortgage segments at a time when traditional refinance and purchase volume remains under pressure.

And the title companies that understand BOTH the borrower experience and the lender operational shift behind this market may be positioning themselves for a very profitable next few years.

Thank you to our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers

The Demographic Opportunity Is Massive

The math here is hard to ignore:

• Americans are aging

• Seniors are holding unprecedented home equity

• Retirement costs are climbing

• Many retirees are staying in homes longer

• Traditional retirement savings are falling short for millions of households

That creates a growing pool of homeowners who are:

house rich, cash-flow stressed, and increasingly open to tapping equity strategically.

Especially in high-equity states like:

• Florida

• California

• New York

• Arizona

• parts of Texas

And increasingly, these borrowers are not just desperate borrowers trying to avoid disaster.

Many are affluent homeowners using reverse products as:

• liquidity tools,

• retirement planning tools,

• portfolio preservation tools,

• or “aging in place” strategies.

That distinction matters because it changes both the volume potential and the operational expectations surrounding these files.

There Are Actually TWO Reverse Mortgage Markets Hiding Inside This Trend…

Read more

The title industry may be national in scope, but it still runs on local relationships, state-specific rules, regional customs, and the people who show up.

This directory pulls together the 2026 Land Title Association annual conferences in one place so title professionals, underwriters, vendors, attorneys, and industry partners can quickly see where the industry will be gathering throughout the year.

Whether you’re planning your travel budget, looking for sponsorship opportunities, deciding which markets to visit, or simply trying to stay connected to the conversations shaping the industry, these conferences are worth watching.

Annual conferences are often where the real work happens: regulatory updates get explained, underwriting concerns surface, vendors introduce new tools, agency owners compare notes, and the hallway conversations are sometimes more valuable than the sessions.

Use this list as a planning reference for 2026, and check each association’s website for the most current details, registration information, exhibitor options, and agenda updates.

Brought to you by our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🪄Business Witch Academy, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers

January - March

• 🎟️2026 ALTA Commercial Network

  • 📅 Feb. 16–18th | ⏰ All Day | 📍 San Antonio, TX

• 🎟️ 2026 Alaska Land Title Association Annual Convention

  • 📅 Feb 20-21, 2026 | ⏰ Times Vary by Session | 📍 Alyeska Resort

• 🎟️ Palmetto Land Title Association Annual Convention

  • 📅 March 11–13, 2026 | ⏰ Times Vary by Session | 📍 Charlotte, NC

• 🎟️ ALTA Edge 2026

  • 📅 March 18-20 | ⏰ All day | 📍Frisco, TX

April

• 🎟️ 2026 LAILTA Annual Spring Conference

  • 📅 April 19–21, 2026 | ⏰ Times Vary by Session | 📍 Lafayette, LA

• 🎟️ TNLTA Annual Meeting & Convention

  • 📅 May 6–8, 2026 | ⏰ Times Vary by Session | 📍 Nashville, TN

May

• 🎟️2026 ALTA Advocacy Summit

  • 📅 May 11-13th | ⏰ 12:00am -6:00pm EST | 📍 Washington, DC

• 🎟️2026 DCLTA Spring Seminar

  • 📅 May 14th | ⏰ All Day | 📍 Washington, DC

• 🎟️ CLTA 119th Annual Convention

  • 📅 May 17–19, 2026 | ⏰ Times Vary by Session | 📍 La Jolla, CA

• 🎟️ Pacific Northwest Land Title Convention

  • 📅 May 18–20, 2026 | ⏰ Times Vary by Session | 📍 Suncadia Resort, WA

• 🎟️ 2026 NMLTA Convention

  • 📅 May 28–29, 2026 | ⏰ Times Vary by Session | 📍 Santa Fe, NM

• 🎟️ Iowa Land Title Association Annual Convention

  • 📅 May 31–June 2, 2026 | ⏰ Times Vary by Session | 📍 Cedar Rapids, IA

June

• 🎟️ ARLTA Annual Convention

  • 📅 June 4-5th | ⏰ All day | 📍 Hot Springs, AR

• 🎟️ NJLTA Annual Convention

  • 📅 June 7th–9th | ⏰ Times Vary by Session | 📍 Westbrook, CT

• 🎟️ TLTA Annual Conference

  • 📅 June 8th–10th | ⏰ Times Vary by Session | 📍 Frisco, TX

• 🎟️ South Dakota Land Title Association Annual Summer Convention

  • 📅 June 10–12, 2026 | ⏰ Times Vary by Session | 📍 Rapid City, SD

July

• 🎟️ Utah Land Title Association Annual Convention

  • 📅 July 9–10, 2026 | ⏰ Times Vary by Session | 📍 Utah

• 🎟️ Michigan LTA Annual Convention

  • 📅 July 12th–14th | ⏰ All day | 📍 Boyne Falls, MI

• 🎟️ALTA Large Agents Conference

  • 📅 July 19-21th | ⏰ All day | 📍 Cary, NC

August

• 🎟️ Illinois LTA Annual Convention

  • 📅 August 4th–5th | ⏰ Times Vary by Session | 📍 Chicago, IL

• 🎟️ Kansas Land Title Association Annual Convention

  • 📅 Aug. 4–6, 2026 | ⏰ Times Vary by Session | 📍 Kansas City, KS

• 🎟️ Minnesota LTA Annual Convention

  • 📅 August 13th–14th | ⏰ Times Vary by Session | 📍 Prior Lake, MN

• 🎟️ Land Title Association of Arizona Annual Convention

  • 📅 Aug. 26–28, 2026 | ⏰ Times Vary by Session | 📍 Chandler, AZ

• 🎟️ NYSLTA Annual Convention

  • 📅 August 30th – September 2nd | ⏰ Times Vary by Session | 📍 Uncasville, CT

September

• 🎟️ OLTA Annual Convention

  • 📅 September 1st–3rd | ⏰ Times Vary by Session | 📍 Westerville, OH

• 🎟️ North Dakota Land Title Association Annual Convention

  • 📅 Sept. 2–3, 2026 | ⏰ Times Vary by Session | 📍 Dickinson, ND

• 🎟️ LTAC Conference

  • 📅 September 9th–11th | ⏰ Times Vary by Session | 📍 Vail, CO

• 🎟️ Missouri LTA Annual Convention

  • 📅 September 9th–11th | ⏰ Times Vary by Session | 📍 Kansas City, MO

• 🎟️ Southeast LTA Annual Convention

  • 📅 September 17th–19th | ⏰ Times Vary by Session | 📍 New Orleans, LA

• 🎟️ NCLTA Annual Convention

  • 📅 September 17th–19th | ⏰ Times Vary by Session | 📍 Virginia Beach, VA

• 🎟️ Indiana LTA Annual Convention

  • 📅 September 20th–22nd | ⏰ Times Vary by Session | 📍 Terre Haute, IN

• 🎟️ PLTA Annual Convention

  • 📅 September 20th–22nd | ⏰ Times Vary by Session | 📍 Avalon, NJ

• 🎟️ Wisconsin Land Title Association Annual Convention

  • 📅 Sept. 23–25, 2026 | ⏰ Times Vary by Session | 📍 Pewaukee, WI

• 🎟️ Nevada Land Title Association State Conference

  • 📅 Sept. 24, 2026 | ⏰ Times Vary by Session | 📍 Reno, NV

October - December

• 🎟️ Maryland Land Title Association Fall Convention

  • 📅 Oct. 4–6, 2026 | ⏰ Times Vary by Session | 📍 Dewey Beach, DE

• 🎟️ALTA One 2026

  • 📅 October 12-15th | ⏰ All day | 📍 Scottsdale, AZ

• 🎟️ VLTA Annual Convention

  • 📅 October 20th–21st | ⏰ Times Vary by Session | 📍 Roanoke, VA

• 🎟️ FLTA Convention

  • 📅 November 9th–11th | ⏰ Times Vary by Session | 📍 Bonita Springs, FL

• 🎟️ LLTA Annual Conference

  • 📅 December 2nd–4th | ⏰ Times Vary by Session | 📍 New Orleans, LA

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The Wicked Title Forum is a collaborative resource. If you spot something outdated or inaccurate, leave a comment—we’ll get it fixed.

**DISCLAIMER**

Content is for informational purposes, operational awareness and workflow strategy. While every effort is made to ensure accuracy, it is not meant to be a compliance directive or replace the specific legal/financial advice of your retained experts. As always evaluate new information & tools with your underwriter/attorney, accountant/financial advisor, IT/security team, and internal policies, as needed, before implementation.

This site is partially supported by sponsor ads and sponsored content.

🐐 Title Underground Top Stories

Brought to you by our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🪄Business Witch Academy, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers
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Quick updates for Busy Brains

• 🏛️ Title Insurance Is Back in the Congressional Hot Seat — ALTA CEO Chris Morton is urging Congress to pass the Protecting America’s Property Rights Act, a bill aimed at stopping Fannie Mae and Freddie Mac from shifting title risk onto consumers, lenders, and taxpayers through less-regulated title insurance alternatives. The bill would require stronger, state-regulated protection for title and lien risk on loans purchased by the GSEs. “Saving money at closing” gets a lot less charming when the missing protection shows up later as a six-figure title problem.

  • 💬 Want to weigh in? Contact your U.S. House Representative and Senators and ask them to support the Protecting America’s Property Rights Act. Find your House member here and your Senators here.

• 💬 Texas Title Folks, This One Might Actually Be Worth a Look. TDI is asking for public feedback on existing insurance rules that may be outdated, inefficient, or in need of improvement — and yes, that appears to include the title insurance rules housed under Texas Administrative Code Title 28, including Chapter 9 and the Title Insurance Basic Manual framework.

• 📰 Representatives Question Trump’s ‘Funny’ Pick of Fannie Mae Chairman as Top Spymaster - The selection of Bill Pulte as acting director of national intelligence by President Trump has faced significant criticism from both Republican senators and mortgage industry leaders, who question his qualifications and express concerns over the implications for U.S. intelligence operations. If confirmed, Pulte is expected to maintain his current roles while also fulfilling the duties of the new position. Read more...

• 📰 Obituary: John E. West Jr. Jack had built a distinguished career marked by integrity and dedication at Chicago Title Insurance Company, ascending to the position of West Coast Vice President and earning the respect of colleagues, many of whom would become cherished friends.

🧩 This Week’s Headlines Only Scratched the Surface…

The free edition highlights a few of the biggest stories impacting title & escrow right now — but the full version of the Title Underground goes much deeper into the operational, legal, market, and strategic shifts unfolding underneath them.

This week, members also explored:

🕵️‍♂️ What financial indicators are mimicking 2008 and which ones aren’t, how capital gains are impacting real estate transactions, emerging risks and opportunities in commercial real estate and more.

⚖️ The legal and regulatory developments quietly reshaping liability, compliance operations, environmental risk, and data protection inside title companies including specific regulatory changes in Tennessee and New York

🤖 How a new consent order may be impacting FinTech Vendors, the important of digital propert searches, an indictment fraud of a NY title agency owner, how to handle bank call spoofing, how Ai is revolutionizing cyber security threats and a real estate disrutpion caused by tokenized assets.

🐐 About Wicked Title | 🔍 Search the Knowledge Base | 📢 Be a Sponsor

Subscribe now

💬 Join the Conversation

💬Doing employee reviews, help me with ideas for a couple of obtainable and trackable goals for senior escrow officers!

Share your advice →

💬 I know traditional underwriters don’t issue owners title insurance on Co-ops does anyone have experience with what companies will issue owners title insurance or some type of title coverage for a Co-op buyer?

Help your colleague →

💬 What is one thing in your title workflow that feels super inefficient and you wish you could make it easier?

Join the conversation →

👀 Things Wandering Toward Your Workflow

New tools, vendor launches, and tech experiments making their way toward the closing table.
👀 Get on the Workflow Watchlist

Association Online (AO): Delivers a comprehensive HOA data and transparency solution designed to reduce closing delays, mitigate risk, and provide specialized support that empowers agents to navigate HOA transactions confidently and drive client loyalty.

🎟️Events

• 🎟️ NJLTA Annual Convention

  • 📅 June 7th–9th | ⏰ Times Vary by Session | 📍 Westbrook, CT

• 🎟️ TLTA Annual Conference

  • 📅 June 8th–10th | ⏰ Times Vary by Session | 📍 Frisco, TX

• 🎟️ VLTA Member Social at Eavesdrop Brewery

  • 📅 June 10th | ⏰ 5pm-8pm EST | 📍 Manassas, VA

• 🎟️ALTA: Solving the Top 5 Challenges to Best Practices Implementation

  • 📅 June 10th | ⏰ 1pm EST | 📍 Register Here (free for ALTA members)

See all events

📖 Book of the Month

Grab a Copy

📢 Promote Your Book Here

💼 Job Postings

• ISO Part-time remote processing position. 12 years experience and licensed for 8 years.

• Closer needed in Marion, IL.

• Seeking an experienced Closer/Processor in the Roanoke, Virginia market.

• 📣 Now Hiring: Escrow Professionals | Kentucky 📣 Not all escrow roles are the same—and we’re not building a typical team. We’re growing across Kentucky and looking for Escrow professionals who are ready to make an impact—whether you’re an experienced Escrow Officer or ready to take that next step into the role.
  👉 Apply here

• Title Rep (FL)

• Title Reps or Escrow Officers (Remote serving: FL, CO, AZ, AL)

• Experienced Title Professionals (Pinellas County, Florida. Locations in Largo, St. Petersburg, Palm Harbor and Tampa)

  • We are currently hiring for the following full-time positions:
    Escrow Officers/LTAs
    Title Processors

  • Contact: John Ricker Owner/President: John@baxtertitle.com

• Experienced Title Professionals (Florida | Palm Beach County | Broward County | 16 Title Offices)

  • We are currently hiring for the following full-time positions:
    Title Processors
    Closers
    Licensed Title Agents
    Marketing Representatives

  • Contact: Suzanne Solarte, EDO: SSolarte@SFTAFL.com

• Experienced Title Insurance Processor (Hybrid, Marlton, NJ servicing NJ/PA )

• Hiring for:

  • In-Office Closer – Delray Beach, FL

  • Post-Closer – Hybrid-Fort Lauderdale, FL

  • Closer – Hybrid-Tampa, FL

  • Contact: Nicole Plein-Perkins: nperkins@akeytitle.com

💼 Place Your Job Posting Ad Here

Thank you to our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🪄Business Witch Academy, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers
📢 Be a Sponsor

Read more

Read the latest Ramblings of a Title Man → | ☕ Connect with Michael on LinkedIn→

📜 Before there were deeds, mortgages, title insurance policies, or county recorders... there was the land patent.

In fact, every privately owned piece of land in the United States traces back to a moment when the federal government transferred ownership to an individual.

But how did that happen?

Who received the first U.S. land patent? Why were they created? And why do title professionals still care about documents issued more than 200 years ago?

Michael Holden takes us back to the beginning of American property ownership and explores the fascinating history of the document that helped transfer an entire nation into private hands…

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Read more

📢🐐 A New Goat Has Entered the Pasture

Every title file has a story.

Some of those stories are buried in forgotten land patents, century-old court cases, unusual ownership structures, or quirks of property law that somehow still impact transactions today.

I’m excited to announce that industry veteran Michael Holden has joined Wicked Title Forum as a contributing author. With more than 37 years in title insurance and a family legacy in the business dating back to 1920, Michael brings a depth of knowledge and perspective that few people in our industry can match.

His articles will explore the history, legal oddities, property rights, and fascinating stories that have shaped the title industry over the last century.

🐐 Title Underground Top Stories

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Quick updates for Busy Brains

🚨 CertifID Moves the Closing Out of Email Jail — CertifID launched a unified closing platform that puts identity verification, document signing, payment, and wire instruction delivery inside one authenticated session. For title teams, the operational takeaway is simple: the market is pushing hard toward secure closing rooms because email is where money gets stolen.

⚖ Fair Lending Lawsuit Puts CFPB’s Regulation B Rewrite Back in the Blender — Fair housing and economic advocacy groups sued to stop CFPB changes to Regulation B/ECOA, arguing the rule weakens disparate-impact and discouragement protections. This is mortgage-side litigation, but title professionals should care because lending-rule turbulence can ripple into origination volume, lender procedures, and compliance expectations at the closing table.

💸 Title Premium Volume Jumped Nearly 14% in 2025 — ALTA reported $18.5 billion in 2025 title insurance premiums, up 13.8% from 2024, with claims still totaling more than $667 million. Good news for the industry, but not a victory lap: higher volume plus sophisticated fraud means ops teams still need clean workflows, sharp underwriting, and boringly excellent file discipline.

⚖️ Title Coverage Case Draws a Hard Line on Enforcement Actions and Marketability Claims — Riker Danzig flagged a May 26 case update involving title policy coverage, enforcement actions, and marketability claims. This is the kind of litigation title pros should watch because “covered defect” versus “business/legal problem near the property” is where claims expectations go to fight in a parking lot. Read on to find out if Marketable Title is the Same as Economic Marketability…

⚠️ OCC Finalizes Preemption Rule on State Interest-on-Escrow Laws — The OCC issued a final rule on whether certain state interest-on-escrow requirements apply to national banks and federal savings associations. This is more lender/banking than title-specific, but escrow interest rules can affect lender instructions, servicing expectations, and how settlement teams explain money-handling quirks to consumers.

🧩 This Week’s Headlines Only Scratched the Surface…

The free edition highlights a few of the biggest stories impacting title & escrow right now — but the full version of the Title Underground goes much deeper into the operational, legal, market, and strategic shifts unfolding underneath them.

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💬 Join the Conversation

💬 🤣 The Things We Do for a Signature...

This week, a simple question unleashed a flood of stories that perfectly illustrate why title & escrow professionals deserve hazard pay.

Where’s the weirdest place you’ve ever had to get documents signed?

The answers ranged from prisons, labor & delivery rooms, ERs, and funeral homes... to a nudist colony, an underground bunker, a combine in the middle of a farm field, and a two-mile hike into the woods to reach a campsite closing. One title professional even found herself waiting for a bingo drawing to finish before she could continue the signing.

And if you think that’s wild, wait until you hear about the dead guy at the closing table, how a loan package got overed in sweat, and how a closer came face to face with a wall of guns.

The title industry is many things.

Predictable is not one of them.

💬 Got a story that tops these? Join the conversation on Facebook or share your story in the comments of this post →

Don’t miss out on the limited time Founders Program from 🌐 Title Thrive and transform your website from digital brochure to Relationship Marketing Machine.

💼 Job Postings

• Commercial Title Examiner (Illinois/Indiana - Remote)

• Title Examiner (New Jersey - Remote)

• Bilingual Escrow Officer (UT - Remote)

• Real Estate Transaction & Accounting Coordinator (GA)

• Licensed Title/Closing Agent (MO)

• Title Insurance Operations Manager / Senior Settlement Officer (PA)

• Title Company Closing Agent (AL)

• Licensed Title Agent (Bartow, FL - Remote Possible)

• Title Sales Rep (Florida Panhandle)

Read more

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Here’s what’s new at Wicked Title…

New From Our Friends & Thought Leaders

Thank you to our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers

🌍 Foreign Tax CPA:

📜More Educational Resources

• 📄 How Do You Get a Clean Title Insurance Policy? (Explained Like You’re 5!)

• 🎓 HOA Issues and Trends (MS) (CE) ($)

• 🎥 Understanding RESPA: What Agents and Brokers Must Know

• 📄 Estoppel Certificate in Real Estate: Legal Meaning, Risks, and Closing Implications

• 📄 How to Know If a Foreclosure Has Occurred in Texas

• 🖊️Dotted Line Signings: Feeling the Pressure of Last-Minute Changes? Discover Backup Strategies for Signing Agents

• 🎓Cyber Security & AI (AZ) (Passcode: X1i^XBiY )

• 🎥 Probate Happens: What Every Real Estate Lawyer Should Know but Often Doesn’t (MA)

Stay Wicked,
Cheryl
Contact Me (or hit reply)

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The Wicked Title Forum is a collaborative resource. If you spot something outdated or inaccurate, leave a comment—we’ll get it fixed.

**DISCLAIMER**

Content is for informational purposes, operational awareness and workflow strategy. While every effort is made to ensure accuracy, it is not meant to be a compliance directive or replace the specific legal/financial advice of your retained experts. As always evaluate new information & tools with your underwriter/attorney, accountant/financial advisor, IT/security team, and internal policies, as needed, before implementation.

This site is partially supported by sponsor ads and sponsored content.

🐐 Title Underground Top Stories

Brought to you by our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🪄Business Witch Academy, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers

Quick updates for Busy Brains

• 🚨 Escrow Account Takeovers Continue to Escalate — The Land Title Association of Mississippi is warning of a specific new attack vector: malware-laced “payoff document” email attachments that harvest banking credentials and then bypass MFA, resulting in over $5 million in losses in just two months. If your staff opens transaction documents from email, this is live and active right now. Read it

• 🚨 FinCEN Issues New Guidance on RRE Rule — Here’s What Title & Escrow Needs to Know — FinCEN filed its appeal of the vacated RRE rule on May 11, 2026. New FAQ guidance (May 18, 2026) confirms no retroactive reporting liability if reinstated — but ALTA strongly advises keeping your compliance infrastructure intact. The Fifth and Eleventh Circuits are both active. The rule could snap back on short notice.

• ⚠️ Kevin Warsh Sworn in as Federal Reserve Chair — The new Fed chair explicitly vowed a “reform-oriented Federal Reserve” and bond traders are now pricing in rate hikes for 2026. This is a direct headwind for transaction volume — the Fed policy environment just became materially more uncertain for the industry. Read it

• ⚖️ Fannie Mae issued a Selling Guide announcement

• ⚠️ What FORES26 Taught Us About Fraud and Title & Escrow — The annual fraud summit revealed that 80% of title & escrow companies were targeted by fraud in the past 12 months, and real estate cybercrime hit $275M in losses in 2025 — up 60% year-over-year. The average fraud/forgery claim costs $143,000. New AI-enhanced phishing and vishing attacks are live.

🧩 This Week’s Headlines Only Scratched the Surface…

The free edition highlights a few of the biggest stories impacting title & escrow right now — but the full version of the Title Underground goes much deeper into the operational, legal, market, and strategic shifts unfolding underneath them.

This week, members also explored:

🕵️‍♂️ Why private credit stress, commercial real estate pressure, and brand consolidation may be signaling larger market shifts ahead.

⚖️ The legal and regulatory developments quietly reshaping liability, compliance operations, environmental risk, and data protection inside title companies.

💸 How title companies are adapting their sales, branding, hiring, and technology strategies as the industry becomes more data-driven and AI-assisted.

💬 Why “great service” is no longer enough to stand out in title sales — and what stronger relationship-builders are doing differently.

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🎟️Events

• 🎟️2026 LANDU® Core Bootcamp

  • 📅 May 28th-June 2 | ⏰ All day | 📍 Centennial, CO

• 🎟️West Dallas Fort Worth Women in Real Estate (DSF WIRE) Monthly Meet-up

  • 📅 First Sat of Month | ⏰ 9:000am | 📍 TX

• 🎟️ ARLTA Annual Convention

  • 📅 June 4-5th | ⏰ All day | 📍 Hot Springs, AR

• 🎟️ VLTA Member Social at Eavesdrop Brewery

  • 📅 June 10th | ⏰ 5pm-8pm EST | 📍 Manassas, VA

See all events

💼 Job Postings

Anderson|Biro is a specialized executive search and talent acquisition firm focused almost exclusively on the title insurance, settlement, appraisal, mortgage, and broader “Built World” industries. Founded in 2007, the company has built a strong reputation within the title space for understanding the operational, underwriting, legal, escrow, and agency-side realities of the business — not just generic recruiting.

What makes them stand out is that they are deeply embedded in the industry itself. Their leadership participates in organizations like American Land Title Association (ALTA), they regularly publish thoughtful industry commentary, and they work with many of the major underwriters, agencies, fintechs, and real estate financial services companies across the country.

For candidates, that generally means they are not just filling random jobs — they are recruiting for companies that are actively shaping the future of title, underwriting, compliance, technology, and settlement operations. Their branding and messaging also suggest a culture that values long-term relationships, industry expertise, practical problem-solving, and modernization within a traditionally relationship-driven industry.

• Multiple Agency Representative openings across OH, MI, MN, FL, New England, and Mid-Atlantic regions (mostly remote, full-time)

• Several underwriting and commercial title roles available nationwide, including Florida, Arizona, Ohio, and regional remote positions

• Escrow, clearance, and title operations openings in Ohio, Texas, New York, and remote markets

• National and relocation-based opportunities also available (full-time regular positions)

View all Openings

Read more

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FinCEN Offers Guidance on Real Estate Reporting Requirements if the Rule Returns

Treasury is appealing the nationwide vacatur — but FinCEN just confirmed title agents won’t have to go back and resurrect months of dead files if the rule returns.

Yesterday, we talked about the bigger legal fight unfolding around the Residential Real Estate Reporting Rule:

• Treasury appealed the Texas decision vacating the rule nationwide.

• Fidelity appealing in Florida.

• FinCEN clearly isn’t backing down.

• The possibility of the rule returning is now very real again.

• In case you missed it, you can read 🐐FinCEN Isn’t Backing Down: Treasury Appeals the Texas Decision Vacating the Real Estate Reporting Rule here.

But buried underneath all the legal drama was the operational nightmare nobody wanted to think about:

“What happens to the files that closed during the vacatur?”

Well.

FinCEN finally answered that question.

According to FinCEN’s newly updated FAQs, while the Texas court order remains in effect:

• reporting persons are not required to file Real Estate Reports

• and are not liable for failing to file them.

But more importantly:

If the government eventually wins the appeal and the rule comes back?

FinCEN says reporting persons will not have to retroactively file reports for transactions that closed during the vacatur period.

What a relief! It’s official, you will not need to reopen the compliance crypt and start digging through six months of old LLC cash deals like a forensic archaeologist with PTSD.

The Treasury appealing the decision tells us the government still intends to fight for this rule in some form.

But this FAQ update also tells us something equally important:

FinCEN understands the operational burden retroactive reporting would create and they do want to work with our industry and be as practical as possible while still achieving their goals.

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Puerto Rico Pauses

The Puerto Rico plaintiffs and the government jointly asked the court to stay the case because the Flowers vacatur already gave the plaintiffs what they wanted: the rule is currently unenforceable nationwide while the appeal plays out. The bigger implication is that everyone — including DOJ — is now treating the Fifth Circuit appeal in Flowers as the main battlefield that will likely determine the future of the RRE Rule nationwide, and potentially set the stage for Supreme Court involvement if the circuit split deepens.

What Title Agencies Should Do Now: Preparation Without Burden

This does not mean the rule is dead.

And it definitely does not mean you should dismantle every process you built around entity transaction screening, because the appeal itself still matters.

For now, the smartest operational posture is probably:

• pause active filing obligations

• preserve the institutional knowledge you built

• keep your intake and screening processes in place

• Continue training any new staff on compliance requirements

• and keep watching the appeals closely

What the FAQs doesn’t promise is just as important as what it does promise.

FinCEN has not promised a 90 day delay, or any sort of guidance around transactions IN PROCESS. So you still need to keep collecting that information because the possibility that the rule returns, in some form, and applies to active transactions, is still entirely possible.

The rule’s fate remains in the courts’ hands, but FinCEN’s May 18 guidance provides title professionals the clarity needed to make informed decisions about compliance infrastructure and operational readiness during this period of legal uncertainty.

🐐The FinCEN Drama Isn’t Over — Wicked Title Will Keep an Eye on The Chaos For You

The legal situation around FinCEN is evolving fast right now, and I know a lot of title agents are feeling somewhere between “cautiously optimistic” and “one compliance email away from a stress-induced eye twitch.”

So don’t worry — I’m watching this closely for you.

As new court filings, appeals, guidance, operational clarifications, and industry reactions emerge, I’ll keep breaking down what’s happening, what it actually means, and most importantly:

what title agents should realistically do next.

No panic.

No legalese word salad.

No doomposting.

Just practical updates for real people trying to keep files moving while the regulatory universe catches fire around them.

Subscribe now

🐐 Stay wicked, title sharks 🦈
Cheryl
Contact Me (or hit reply)

🐐 About Wicked Title | 🔍 Search the Knowledge Base | 📢 Be a Sponsor

The Wicked Title Forum is a collaborative resource. If you spot something outdated or inaccurate, leave a comment—we’ll get it fixed.

**DISCLAIMER**

Content is for informational purposes, operational awareness and workflow strategy. While every effort is made to ensure accuracy, it is not meant to be a compliance directive or replace the specific legal/financial advice of your retained experts. As always evaluate new information & tools with your underwriter/attorney, accountant/financial advisor, IT/security team, and internal policies, as needed, before implementation.

This site is partially supported by sponsor ads and sponsored content.

Thank you to our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings, 🦅FinCEN Report & Our Paying Readers

Hey Wicked Title folks — Cheryl here.

Well.

That didn’t take long.

On May 12, FinCEN officially appealed the Texas federal court decision that vacated the Residential Real Estate Reporting Rule nationwide.

Translation?

The government is not walking away from this fight.

And honestly, that changes the temperature of this situation quite a bit.

Because up until now, there was still a lingering question hanging in the air:

“Was Treasury going to quietly let this die and come back later with a rewritten version?”

Apparently not.

At least not yet.

The appeal confirms Treasury believes this rule — or at minimum the authority behind it — is important enough to defend aggressively.

And that matters far beyond just this specific version of the rule.

🐐 Quick Timeline Refresher

If you’ve been following along with our previous coverage, here’s where things currently stand:

• February 2026: Fidelity loses in Florida and appeals.

• March 1, 2026: FinCEN reporting officially goes live.

• March 2026: Puerto Rican privacy groups file suit against FinCEN.

• March 19, 2026: Flowers wins in Texas and the rule is vacated nationwide.

  • FinCEN pauses enforcement while litigation continues.

• April 2026: ALTA issues an open letter requesting significant changes if the rule is rewritten.

• May 11-13, 2026: ALTA heads to Washington, D.C. for Advocacy Summit meetings with lawmakers.

• May 12, 2026: Treasury officially appeals the Flowers decision.

Which means we are now headed toward:

• an active Fifth Circuit fight (Flowers),

• an active Eleventh Circuit fight (Fidelity),

• and potentially conflicting appellate rulings on the exact same regulation.

And that dramatically increases the odds this eventually lands in front of the Supreme Court.

Because this fight is no longer just about one rule.

It’s becoming a fight over how far FinCEN’s authority under the Bank Secrecy Act actually goes.

The Rule Is Still Vacated… For Now

For the moment, the rule remains vacated nationwide following the Texas decision in Flowers Title Company v. Bessent.

FinCEN itself acknowledged:

• reporting entities are not currently required to file,

• and companies will not face liability for failing to file while the order remains in effect.

So operationally, most companies:

• paused reporting,

• paused intake procedures,

• paused fees,

• paused filing systems,

• and in many cases paused entire implementation workflows.

Even Fidelity reportedly paused implementation after the Flowers ruling.

But “paused” and “dead” are not the same thing.

And Treasury’s appeal makes that distinction very important.

The Most Important Part of the Texas Decision

This is the piece that matters most now that Treasury has appealed.

Judge Jeremy Kernodle’s ruling essentially said:

FinCEN cannot simply declare an entire category of ordinary transactions “suspicious” because criminals sometimes use them.

That is a MUCH bigger statement than:

“this rule is burdensome.”

The court was not criticizing implementation details.

The court was questioning whether FinCEN had the authority to do this in the first place.

Specifically, the judge hammered FinCEN for failing to justify why:

• non-financed residential entity transfers,

• particularly all-cash deals,

• are categorically suspicious enough
  to justify broad mandatory reporting under the Bank Secrecy Act.

And Treasury appealing tells us something very important:

They are not willing to let that limitation on their authority stand unchallenged.

Because if the Fifth Circuit upholds that reasoning?

It could constrain far more than just this one rule.

Puerto Rico Enters the Fight — And Changes the Narrative: It Isn’t Just a Title Industry Fight Anymore

The Puerto Rico lawsuit is adding an entirely new dimension to the FinCEN fight:

privacy, cybersecurity, and economic impact.

According to reporting from the San Juan Daily Star, several Puerto Rican organizations and privacy advocates are arguing that FinCEN’s Residential Real Estate Rule could severely disrupt the island’s already fragile real estate market while exposing residents to heightened privacy and cybersecurity risks.

And importantly?

This lawsuit is not framed primarily as:

“title companies don’t like compliance.”

Instead, it leans heavily into:

• privacy rights,

• constitutional concerns,

• economic burden,

• and disproportionate impact on Puerto Rico’s housing market.

The plaintiffs argue that requiring extensive beneficial ownership disclosures, taxpayer information, identification documents, and payment details creates significant risks in a jurisdiction already dealing with:

• economic instability,

• housing affordability challenges,

• and ongoing concerns surrounding fraud and identity theft.

The lawsuit also reportedly argues:

• many Puerto Rican transactions rely heavily on cash due to local banking realities,

• family property transfers and informal ownership structures are more common,

• and the rule may disproportionately burden ordinary residents rather than sophisticated criminal actors.

That matters strategically.

Because it broadens the narrative surrounding the rule.

The fight is no longer just:

“title companies don’t want compliance burdens.”

It’s increasingly becoming:

“does this rule create privacy, economic, and operational harm that outweighs the usefulness of the data being collected?”

And combined with:

• the Texas Flowers ruling,

• Fidelity’s Eleventh Circuit appeal,

• and ALTA’s operational concerns,

…the Puerto Rico lawsuit strengthens the perception that opposition to the rule is geographically and politically broadening rather than narrowing.

Fidelity’s Appeal Suddenly Makes More Sense

A lot of people initially looked at Fidelity’s appeal and thought:

“Why are they appealing now? The rule was already vacated.”

But Treasury appealing Flowers changes that dynamic completely.

Because now the rule has a real path back.

And if the Fifth Circuit reinstates the rule — even temporarily — Fidelity absolutely wants its challenge still alive in the Eleventh Circuit.

Why?

Because Fidelity is not just fighting this version of the rule anymore.

They’re fighting:

• the scope of FinCEN’s authority,

• the definition of “suspicious,”

• and the precedent future AML rules could rely on.

That distinction matters.

A lot.

What Fidelity likely hopes to gain:

There are several likely strategic motivations.

1. Erase the Florida precedent problem. Right now, FinCEN can point to Florida and say, “A federal court already upheld this.” Fidelity wants that gone.

2. Create appellate authority limiting FinCEN’s BSA power. A win in the Eleventh Circuit could say FinCEN cannot convert a broad class of ordinary real estate transfers into “suspicious transactions” without more. That would matter far beyond the current vacated rule, influencing any future fight at the Supreme Court.

3. Reduce leverage for a quick reinstatement. If FinCEN appeals Flowers and seeks a stay, the existence of an active appeal challenging the opposite Florida ruling helps show the law is unsettled, not cleanly pro-FinCEN.

4. Force a narrower future rule. Not because the appeal directly rewrites anything, but because a Fidelity win could define what FinCEN is not allowed to do next: no nationwide dragnet, no low-threshold reporting class, no broad reliance on GTO data without stronger justification.

Meanwhile, ALTA Is Taking the Fight to Capitol Hill

While the lawsuits continue moving through federal courts, ALTA is also pushing the issue politically during the 2026 ALTA Advocacy Summit in Washington, D.C.

According to ALTA, concerns surrounding the FinCEN rule were one of the core discussion points title professionals planned to bring directly to lawmakers during Capitol Hill Day.

That matters because the industry is no longer treating this as:

• a temporary compliance headache,

• or an isolated lawsuit.

At this point, the strategy appears to be happening on three fronts simultaneously:

• litigation,

• regulatory pressure,

• and congressional education.

And honestly?

That’s probably smart.

Because even if Treasury ultimately salvages some version of this rule in court, political pressure could still shape:

• future amendments,

• implementation timelines,

• enforcement priorities,

• or whether Congress eventually steps in to clarify FinCEN’s authority more explicitly.

In other words:

the courtroom isn’t the only battlefield anymore.

So… What Happens Next?

At this point, there are really three big possibilities.

Scenario 1: Fifth Circuit Upholds Flowers

If the Fifth Circuit upholds the Texas vacatur:

• FinCEN’s authority gets significantly constrained,

• the current rule likely dies permanently,

• and Treasury probably has to go back to the drawing board.

This is probably the scenario most title agents are quietly hoping for.

Scenario 2: Fifth Circuit Reinstates the Rule

If the Fifth Circuit reinstates the rule?

Things could get messy fast.

Because now:

• implementation systems have been paused,

• workflows have partially unraveled,

• and companies may suddenly need to reactivate compliance systems quickly.

This is also why some firms reportedly continued collecting information even after the vacatur.

Because reconstructing beneficial ownership information after closing is operationally ugly.

Scenario 3: Circuit Split

Honestly?

This is starting to feel increasingly plausible.

If:

• the Fifth Circuit sides with Texas,

• and the Eleventh Circuit sides with FinCEN,

then this starts looking VERY Supreme Court-shaped.

Especially given the courts’ growing skepticism toward broad agency interpretation powers in recent years.

FinCEN Thought This Was a Reporting Rule. The Courts May Turn It Into an Agency Power Fight.

If the Fifth and Eleventh Circuits split, this could very realistically end up before the Supreme Court.

While courts historically have given Treasury substantial deference in AML and national security contexts, the current Court has also shown increasing skepticism toward federal agencies broadly expanding their authority without clear congressional authorization.

That matters because the Texas Flowers ruling did not merely argue the rule was burdensome. It questioned whether Congress ever clearly gave FinCEN the authority to impose this kind of sweeping reporting regime in the first place.

Recent Supreme Court decisions involving agencies like the EPA, OSHA, and SEC have repeatedly signaled:

agencies cannot simply discover major new powers inside vague statutory language.

That does not necessarily mean the Court would eliminate AML real estate reporting entirely. But it could mean:

• narrowing FinCEN’s authority,

• requiring clearer congressional authorization,

• or forcing Treasury toward a much more targeted rule.

In other words:

if this reaches SCOTUS, the biggest question may not be:

“Should AML reporting exist?”

It may be:

“Did Congress actually authorize THIS version of it?”

My Current Read

I still do not think the current version of this rule survives fully intact long term.

But Treasury appealing tells us something critical:

They care deeply about preserving the underlying authority.

Which means even if this specific rule eventually changes, narrows, or gets rewritten…

…the broader fight over AML authority in residential real estate is probably just getting started.

Because one thing is becoming increasingly obvious:

The scope of FinCEN’s authority under the Bank Secrecy Act is now very much in dispute.

And title agents should not mistake:

“reporting is paused”

for:

“this issue is over.”

Because it very clearly is not.

🐐 About Wicked Title | 🔔 Upgrade Now | 📢 Be a Sponsor

The Wicked Title Forum is a collaborative resource. If you spot something outdated or inaccurate, leave a comment—we’ll get it fixed.

**DISCLAIMER**

Content is for informational purposes, operational awareness and workflow strategy. While every effort is made to ensure accuracy, it is not meant to be a compliance directive or replace the specific legal/financial advice of your retained experts. As always evaluate new information & tools with your underwriter/attorney, accountant/financial advisor, IT/security team, and internal policies, as needed, before implementation.

This site is partially supported by sponsor ads and sponsored content.

🐐 About Wicked Title | 🔍 Search the Knowledge Base | 📢 Be a Sponsor

Thank you to our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers

🕵️‍♂️Underworld Intel

Market Shifts

• Longbridge’s Tim Wilkinson on the secondary market dynamics reshaping reverse mortgages

• Mortgage Myths Persist: Buyers Misjudge Credit Scores, Down Payments

  • A title agent can leverage the information from the article to enhance consumer marketing in several effective ways:

    • Educational Campaigns

    • Targeted Messaging

    • Content Marketing

    • Workshops and Seminars

    • Partnerships with Lenders

    • Utilizing Testimonials

    • Visual Infographics

    By focusing on education and clear communication, a title agent can effectively address consumer misconceptions, build trust, and ultimately drive more business in the competitive real estate market

Other

• The real fix for housing: Reform 1031s and HUD sales

• From addiction to advocacy: How the mortgage industry gave me a second chance

⚖️Legal

Regulatory updates, Claims, Lawsuits, & Enforcement

National

• 🎥 FINCEN’s New AML Proposal; What Escrow, Title, and Lending Professionals Should Understand

  • ⚖️ FinCEN Proposes Rule to Fundamentally Reform Financial Institution Programs Designed to Fight Illicit Finance

• 📰 21st Century ROAD to Housing Act update:

  • A bipartisan housing bill that passed in the Senate is facing significant revisions in the House, risking its chances of becoming law before the midterm elections.

  • The House has proposed changes that would reduce restrictions on institutional investors’ ownership of single-family homes, including redefining “single-family home” to allow more purchases by large firms. The definition of a single-family home now would exclude manufactured housing and homes that have been renovated for sale, among others.

  • Removes a provision that would require institutional investors to sell rental homes after seven years.

  • The legislation also maintains a five-year ban on the Federal Reserve issuing a digital dollar and includes provisions to support community banks.

  • However, it omits several Senate provisions aimed at enhancing affordable housing initiatives.

  • The bill must return to the Senate for final approval before reaching the president.

  • 📰 Mortgage leaders back revised 21st Century ROAD to Housing Act

  • 📰 House Changes to Investor Restrictions Threaten Bipartisan Housing Bill

• 📰 HUD Signals Narrower Fair Housing Act Enforcement Focus, Heightened Scrutiny of Special Purpose Credit Programs

• 📰 The Federal Housing Administration put an end to pandemic-era relief last year, triggering a 28% jump in foreclosures on FHA loans in the first quarter and an expected spike in defaults ahead

State

• ⚖️ Every business entity formed or registered in Minnesota carries a baseline set of compliance obligations regardless of size or industry. These include

  • Filing an annual renewal with the Minnesota Secretary of State

  • Maintaining a registered agent with a valid Minnesota address

  • Keeping corporate formalities current (meeting minutes, resolutions, and records)

  • Complying with Minnesota’s Wage and Hour Compliance Requirements (Minn. Stat. Chapter 181 and the Minnesota Fair Labor Standards Act)

  • Properly classifying workers

  • Maintaining an employee handbook

  • Retaining records

  • And more

Visit the Minnesota Business Compliance: A Legal Guide for more details.

🤖PropTech, Cyber Security & Fraud

PropTech

• 📄 Real estate tech started like streaming and ended as a bundle

Fraud Stories

• 📄 Portland Duo Sentenced for Running Real Estate Investment Fraud Scheme

• 🎥 How Cartels Launder Trillions Through the Financial System

Cyber Security

Tip of the Week: Preserve Original Documentation: Retain all original documents in their native formats. This includes saving full email files, downloading attachments directly, and keeping text messages with timestamps intact. Avoid forwarding or editing files that could strip metadata.

• 📄 43.7% of first-quarter mortgage transactions flagged for fraud risk

• 📄 FBI Report: Real Estate Fraud Losses Total $275 Million-Plus in 2025

AI

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The article, 📄 Homebuyer aid broadens to middle class amid price pressures, discusses the expansion of homebuyer aid programs across various states aimed at making homeownership more accessible amid rising mortgage rates and home prices. As of May 2026, there are 2,679 homebuyer assistance programs in the U.S., primarily managed by state housing finance agencies, municipalities, and nonprofit organizations. These programs often provide down payment and closing cost assistance, with many structured as second mortgages that may have deferred payments or forgiveness options.

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Several states have introduced specific initiatives targeting middle-income buyers. For example:

• Massachusetts offers a zero-interest loan program providing up to $25,000 for eligible first-time buyers, with repayment occurring only upon sale or refinancing of the home.

• North Carolina provides up to $15,000 through a deferred second mortgage program.

• California has the Dream For All program, which can provide up to 20% of a home’s purchase price in exchange for a share of future appreciation.

• Florida also features fixed-rate mortgages along with down payment assistance, and the Federal Home Loan Bank of San Francisco has expanded its middle-income down payment assistance programs to offer up to $50,000.

These programs are increasingly combining state aid with federal loans, mortgage tax credits, and nonprofit grants to create layered financing models, which aim to lower housing costs and upfront expenses. Education requirements are common, with many programs mandating homebuyer education courses to help reduce default risks.

For title agents, these expanded aid programs present significant marketing opportunities. As more middle-income buyers enter the market, title agents can position themselves as essential partners in the homebuying process by offering services that align with these assistance programs. Additionally, promoting educational resources related to homeownership can enhance their visibility and credibility among potential clients.

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**DISCLAIMER**

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Why Fidelity is appealing now: because the Florida loss is still a live bad judgment against Fidelity, even though Flowers currently vacated the rule nationwide. Fidelity does not want the only appellate-level development to be FinCEN choosing whether/when to appeal Flowers in the Fifth Circuit. By appealing its own loss to the Eleventh Circuit, Fidelity keeps its challenge alive and creates another path to an appellate ruling against FinCEN’s authority.

The key issue is the district-court split. Florida said FinCEN had authority; Texas said FinCEN exceeded its authority and vacated the rule entirely. The Texas court rejected FinCEN’s theory that all non-financed residential transfers to entities/trusts can be treated as categorically suspicious under the BSA. Meanwhile, the Florida court rejected Fidelity’s statutory, APA, and constitutional objections and entered judgment for FinCEN.

Why Fidelity Is Still Fighting

The appeal matters because Fidelity is trying to turn the Florida loss into an Eleventh Circuit win. If it wins, FinCEN could be facing two anti-rule appellate tracks instead of one Texas district-court vacatur. That would make it much harder for FinCEN to simply revive the same rule through a stay, appeal, or minor procedural cleanup

A. Prevent a Pro-FinCEN Precedent From Hardening

The Florida court upheld FinCEN broadly and deferred heavily to the agency’s authority.

If Fidelity had not appealed:

• that pro-FinCEN ruling would stand in the Eleventh Circuit,

• potentially becoming persuasive authority elsewhere,

• and strengthening FinCEN’s position if the rule returns in any form.

By appealing, Fidelity keeps that ruling contested and preserves arguments against broad interpretations of FinCEN’s authority.

And this matters because the Florida court accepted FinCEN’s argument that entire categories of transactions could be treated as inherently suspicious.

The Texas court rejected that exact logic.

That split is now the heart of this entire fight.

B. Influence What Any Future Rewrite Looks Like

This may actually be the most important strategic issue.

Because even if the current version of the rule dies, appellate decisions will still shape:

• what authority FinCEN has going forward,

• what transaction categories it can regulate,

• what reporting burdens are permissible,

• and how broadly “suspicious activity” authority can be interpreted.

Fidelity likely wants appellate courts to place limits on:

• categorical reporting,

• nationwide dragnet-style collection,

• expansive beneficial ownership demands,

• and broad interpretations of suspicious activity authority.

Because if those legal principles survive unchallenged now?

The next version of this rule could come back even stronger.

C. This Is Bigger Than “Compliance Burdens”

Large underwriters are not just worried about annoying paperwork.

They are looking at enterprise-level institutional risk.

Because the rule effectively deputizes settlement professionals into AML gatekeepers.

And that introduces:

• audit exposure,

• enforcement exposure,

• negligence concerns,

• cybersecurity risk,

• and extensive documentation burdens.

Operationally, companies suddenly have to deal with:

• beneficial ownership tracing,

• documenting exemptions,

• certifying negatives,

• handling inconsistent ownership structures,

• and collecting highly sensitive personal data.

And that creates very real:

• privacy liability,

• cyber insurance concerns,

• retention issues,

• and reputational exposure.

For title agents, the practical implication is this:

The rule is dead for now, but the legal fight is very much alive. FinCEN’s own RRE page says reporting persons are not currently required to file and are not subject to liability while the court order remains in force. But Fidelity’s appeal tells us the industry is not just waiting to see whether FinCEN appeals Flowers. The title industry is actively trying to build appellate law that keeps this version of the rule dead—and boxes in whatever FinCEN tries next.

🐐 Wicked translation:

Flowers killed the rule. Fidelity is trying to make sure it stays buried.

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**DISCLAIMER**

Content is for informational purposes, operational awareness and workflow strategy. While every effort is made to ensure accuracy, it is not meant to be a compliance directive or replace the specific legal/financial advice of your retained experts. As always evaluate new information & tools with your underwriter/attorney, accountant/financial advisor, IT/security team, and internal policies, as needed, before implementation.

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Most title professionals are familiar with FIRPTA withholding.

Far fewer realize there is an entirely separate federal tax filing framework that can surface when a foreign property owner passes away owning U.S. real estate.

And unlike many tax issues, this one does not stay neatly confined to the CPA’s desk.

It can directly affect:

• Estate transfers

• Sale timelines

• Probate coordination

• Tax clearance questions

• Title underwriting requirements

• And ultimately, whether a transaction can close cleanly

The filing in question is IRS Form 706-NA: United States Estate (and Generation-Skipping Transfer) Tax Return for Nonresident Decedents.

It is not a routine filing.

But when it applies, it matters.

The Trigger Is Ownership — Not Residency Location

One of the most common misunderstandings is assuming the issue depends on where the decedent lived.

It does not.

The determining factor is whether a nonresident, non-U.S. citizen individual owned U.S.-situated assets at the time of death.

That can include:

• U.S. real estate

• Tangible property physically located in the United States

• Certain U.S. securities and investments

And importantly for title professionals:

U.S. real estate is always considered U.S.-situated property.

That means foreign ownership of U.S. property can create federal estate tax filing obligations even when:

• The decedent never lived in the United States

• The heirs are not U.S. persons

• The estate itself may not ultimately owe tax

The Filing Threshold Is Surprisingly Low

For nonresident estates, the filing threshold is only:

$60,000

That is not the tax amount.

That is the threshold that can trigger the filing requirement itself.

For comparison, U.S. citizens and residents currently receive estate tax exemptions in the millions.

Nonresident estates operate under a very different framework.

As a result, many ordinary residential properties can easily exceed the filing threshold.

Why This Matters During Real Estate Transfers

In practice, Form 706-NA issues often emerge during one of three scenarios:

1. Property Is Being Sold After the Owner’s Death

The heirs or estate attempt to sell the property, and questions arise regarding:

• Estate tax filings

• Transfer authority

• IRS clearance requirements

• Documentation needed by underwriters

2. Title Is Being Transferred to Heirs or Beneficiaries

Even when no immediate sale occurs, ownership transfers involving foreign decedents may require additional review and supporting documentation.

3. The Parties Assume “No Tax Due” Means “No Filing Required”

This is one of the most dangerous assumptions.

A Form 706-NA filing may still be required even when:

• Treaty provisions reduce or eliminate tax

• Deductions apply

• No final estate tax liability exists

The filing obligation and the tax liability are not the same analysis.

The Operational Problem: These Issues Often Surface Late

From a title and settlement perspective, the biggest challenge is timing.

Many families, heirs, or foreign representatives are completely unaware these rules exist until:

• A property goes under contract

• Title work begins

• An underwriter raises questions

• Or a closing cannot proceed without additional documentation

At that point, the issue becomes reactive instead of planned.

And international estate matters rarely move quickly.

What Title Professionals Should Be Watching For

While title agents are not expected to provide tax advice, there are practical red flags worth recognizing early:

Potential Indicators

• The deceased owner was not a U.S. citizen or resident

• The property was held individually rather than through a U.S. entity

• Foreign heirs or executors are involved

• The estate appears unfamiliar with U.S. filing obligations

• The property value exceeds $60,000

Why Early Identification Matters

Early identification allows:

• Tax professionals to assess filing requirements sooner

• Underwriting questions to be addressed proactively

• Estate representatives to avoid last-minute delays

• Transactions to move more predictably

The Bigger Picture

Cross-border ownership of U.S. real estate continues to create compliance issues that many real estate participants encounter only occasionally — which is exactly why they can become operationally disruptive.

Form 706-NA is one of those filings that:

• Most transactions will never encounter

• But the transactions that do encounter it often require significantly more coordination than expected

For title professionals, the goal is not becoming the tax expert.

The goal is recognizing when an issue may exist early enough to bring the right experts into the conversation before the transaction reaches a critical stage.

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The Wicked Title Forum is a collaborative resource. If you spot something outdated or inaccurate, leave a comment—we’ll get it fixed.

**DISCLAIMER**

Content is for informational purposes, operational awareness and workflow strategy. While every effort is made to ensure accuracy, it is not meant to be a compliance directive or replace the specific legal/financial advice of your retained experts. As always evaluate new information & tools with your underwriter/attorney, accountant/financial advisor, IT/security team, and internal policies, as needed, before implementation.

This site is partially supported by sponsor ads and sponsored content.

Thank you to our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers

What is Title?

When you purchase a property, you receive a bundle of rights. Those rights are called Title.

Title is the evidence that a person or entity has a right to possess, occupy, own and use a piece of real estate. Someone other than the current owner can have a legal right to a property. Sometimes that right is legitimate and expected, such as a lender’s right to foreclose on a delinquent mortgage and take possession of the property. However, other rights and claims on your title can result in lost money and even the loss of your property.

What is the Title Process?

The history of a property is called the Chain of Title.

That history is researched and reviewed to determine the condition of title. This is called the Title Search and Title Examination.

Sometimes there are problems with the Chain of Title. These are called Defects or Clouds on Title. Once these defects have been identified, they can be fixed.

The process of fixing these defects is called Conveyancing. A Conveyancing company, separate from your title agency, might be involved in your transaction. A Conveyancing company will address the most common defects in title such as unpaid taxes, open mortgages and unpaid municipal services such as water and sewer and bills. While these services are a necessary and valuable part of the property transfer process, they encompass only a portion of the work done to provide clear title to the new buyer. Ultimately, the responsibility for making sure all of that work is done properly lies with the Title Agency.

What is Title Insurance?

Title Insurance is an insurance policy that protects a property owner when the condition of Title is different than is stated in the policy. Title Insurance protects you from defects and claims to the Title to your parcel of real property.

Title insurance differs from other types of insurance in 2 key ways. The first is that the policy is a one-time fee that is paid at closing. While the functions of most other forms of insurance is risk assumption of unforeseen future events by pooling the risk for loss, the main purpose of title insurance is to eliminate risks and prevent losses arising out of events that happened in the past.

Most defects are uncovered and fixed during the review process prior to closing. However, the history of a property can be very complex. Full and accurate records are not always available. An unresolved defect can cost you thousands of dollars or even result in the loss of your property.

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Why is Title Insurance Needed? What Does Title Insurance Do?

Defects exist on nearly every property every time it is sold or refinanced. Common defects are fixed as part of the title insurance process prior to closing. This activity alone is reason enough to involve a title insurance company in your deed transfer or sale. For example, a prior property owner can have unpaid property taxes, construction bills, or a previously unpaid mortgage. Any of these problems can result in a lien against the property. A lien is an amount of money that must be paid to the lien holder by the owner of the property. This means unpaid bills incurred by a previous owner can become the responsibility of the new owner to pay. Fixing these defects and ensuring these bills are paid prior to completing the purchase of a property protects the new owner from these debts.

If a defect is not discovered, it can cause a problem with the title. Defects in title can be very complicated and very expensive to resolve. A title insurance policy helps cover the cost of resolving the problem. These problems are called Claims. While car or homeowners’ insurance claims can be small, often a few hundred dollars, title claims, while rare, are often for tens of thousands of dollars. It is not uncommon for a title claim to be for the full value of the property.

What would you do if a mortgage had been taken out by the previous owners and now the lender expected you to pay for it? Title Insurance protects against claims like that.

Other examples of risks against which standard title insurance may protect you include unpaid judgments, taxes and municipal services, undisclosed or missing heirs, use restrictions, forged documents, signatures of minors or mentally incompetent persons, fraud, clerical errors, wills not probated and more.

Protect the biggest investment of your life with Title Insurance. Protect your property rights for peace of mind that only title insurance can give.

Defects exist on nearly every property every time it is sold or refinanced. Common defects are fixed as part of the title insurance process prior to closing. This activity alone is reason enough to involve a title insurance company in your deed transfer or sale. If a defect is not discovered or is not discoverable through the title search, later it can cause a problem with the title. Defects in title can be very complicated and very expensive to resolve. A title insurance policy helps cover the cost of resolving the problem. These problems are called Claims.

In conclusion, understanding the role of title insurance is essential for safeguarding your property rights. Title insurance not only protects against undiscovered defects in the chain of ownership but also covers unforeseen claims that could jeopardize your investment. From unpaid taxes to hidden liens, title issues can have serious financial consequences if left unresolved. By securing a title insurance policy, you ensure peace of mind, knowing that any legal challenges or discrepancies will be handled, allowing you to confidently move forward with your real estate transactions.

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The Wicked Title Forum is a collaborative resource. If you spot something outdated or inaccurate, leave a comment—we’ll get it fixed.

**DISCLAIMER**

Content is for informational purposes, operational awareness and workflow strategy. While every effort is made to ensure accuracy, it is not meant to be a compliance directive or replace the specific legal/financial advice of your retained experts. As always evaluate new information & tools with your underwriter/attorney, accountant/financial advisor, IT/security team, and internal policies, as needed, before implementation.

This site is partially supported by sponsor ads and sponsored content.

Thank you to our friends, contributors & sponsors:🔒 Closinglock, 🌍 Foreign Tax CPA, 🧱 Brickhouse Consulting, 🖊️Dotted Line Signings & Our Paying Readers

Navigating the complex world of real estate can often feel like learning a new language, especially with the myriad of terms and acronyms professionals use daily. Whether you’re a first-time homebuyer, a seasoned investor, or a real estate professional looking to brush up on industry jargon, understanding these terms is crucial to successful transactions and clear communication. Our comprehensive glossary of real estate terms and acronyms is designed to demystify the language of the industry, providing clear, concise definitions that will empower you to engage confidently in real estate discussions and decisions. From common acronyms like “ARM” (Adjustable Rate Mortgage) and “LTV” (Loan to Value) to more specialized terms like “escrow” and “encumbrance,” this article serves as your go-to guide, ensuring that no term is left undefined. Perfect for quick look-ups or in-depth study, bookmark this page for easy reference as you navigate the ever-evolving real estate landscape.

Following are some general terms and definitions that are typically associated with the real estate industry.

It is important to become familiar with the different types of language and documents you will encounter.

What’s Inside….

• Acronyms

• Glossary: A-E

• Glossary: F-M

• Glossary: N-Z

• Colorado Specific

Read more