Title Insurance Woes Illustrate Liabilities of Foreclosue Mess

Thursday, October 14, 2010
By Paul Martin

Concentrated in TBTF Banks


There are so many fronts to the foreclosure crisis that it’s now becoming difficult to stay on top of all of them.

One development Monday that didn’t get the attention it deserved is the fact that Bank of America is now eating title insurance liability on foreclosed properties sold by its servicer. Per Bloomberg:

Bank of America’s agreement with Jacksonville, Florida- based Fidelity National calls for the lender to cover the title insurer’s costs in the event of an error in the company’s processing of foreclosure documents, Sadowski said. The bank will notify the insurer in each case that the foreclosure complies with state laws and regulations.

Bank of America is in talks with other title insurers for similar agreements, said Richard Bramhall, the bank’s chief title officer. He declined to name the other companies.

This is a big deal for several reasons:

1. The liability in case of a wrongful foreclosure is large. There is no way for the wronged borrower to get his house back, so title insurance is the only recourse. As Bob Lawless explained in Credit Slips:

The Rest…HERE

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