Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Approving Attorney Opinion Letters In Lieu of Title Insurance Is Trending, But Use With Caution
In the context of a real estate finance transaction, an attorney opinion letter (an AOL) is typically a legal opinion prepared by a licensed attorney that opines as to the authority of the borrower and the enforceability of the security instrument and the other loan documents. Customarily, an AOL does not opine as to the status of title, and the parties will rely on title insurance to confirm the priority of the lien of the mortgage. Unlike an AOL, title insurance is obtained to protect the owner and lender, as applicable, against any loss or damage resulting from defects in title. Nevertheless, some cities and counties require an AOL for matters that pertain to unity of title, permitting and zoning.
In 2022, Equitable Housing Finance Plans were approved by the Federal Housing Finance Agency (FHFA) which allowed for government-backed entities like Freddie Mac and Fannie Mae to accept, in limited circumstances, AOLs as an alternative to title insurance for a mortgage transaction. Discussion of AOLs for the purpose of this article will solely be focused on their use in lieu of title insurance; the proposed objective of approving the use of AOLs in lieu of title insurance; the risks associated with this practice; and the stance taken by reputable title underwriters with regard to real estate transactions that accept this practice.
The Proposed Objective of Approving the Use of AOLs In Lieu of Title Insurance
Freddie Mac and Fannie Mae were created by Congress to provide more liquidity, stability and affordability in the mortgage market. The seeming objective of the FHFA endorsing plans for entities like Freddie Mac and Fannie Mae to accept AOLs (in limited circumstances) in lieu of title insurance was to provide a reduction of closing costs and more opportunities to obtain loans for low-income and first-time homebuyers. In a 2024 publication released by Fannie Mae, it claimed that borrowers in refinancing transactions saved on average over $1,000 when utilizing an AOL instead of title insurance. Additionally, Fannie Mae claimed to have purchased over 10,000 loans with AOLs since 2009 and stated that no losses from title claims on such loans were sustained. However, despite these positive figures, critics have suggested that the costs associated with this practice outweigh the intended benefits.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bonus Content: How Emerging Technologies Are Impacting IP: A Chat With Legalweek Speaker Ryan Phelan
A Q&A with conference speaker Ryan Phelan, a partner at Marshall, Gerstein & Borun and founder and moderator of legal blog PatentNext, to discuss how courts and jurisdictions are handling novel technologies, the copyrightability of AI-assisted art, and more.
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
Is Google Search Dead? How AI Is Reshaping Search and SEO
This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.
While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum
For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.
Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.