Cyber insurance can be an important protection for title agencies, but it is not a guarantee that every fraud-related loss will be covered. A recent federal case, (S.D. Ohio Mar. 13, 2026), offers a useful reminder of how quickly coverage issues can arise when a title agency experiences a wire fraud incident and waits too long to notify its cyber insurer.

The case involved a buyer who was defrauded out of more than $480,000 after receiving spoofed wiring instructions that appeared to come from the title agency. The buyer later sued the agency for negligence. Although the agency carried cyber insurance, the cyber insurer denied coverage. The court agreed with the insurer, finding that the claim was not reported within the required timeframes and that the agency had prior knowledge of the incident.

The agency was aware of the incident when it occurred, or shortly after, but waited until it was sued by the buyer before notifying its cyber insurer. By that time, the cyber-policy period in place when the incident occurred had ended, and a new cyber-policy period had begun. Even though the same insurer issued the follow-on policy, the court found that the agency had not satisfied the policy鈥檚 reporting requirements.

The result reinforces that strict compliance with policy conditions 鈥� especially prompt notice and timing requirements 鈥� is essential for coverage to apply.

Cyber insurance does not automatically cover fraud losses

Many title agencies may assume, 鈥淲e have cyber insurance, so we鈥檙e protected.鈥� That assumption can be dangerous.

Cyber coverage depends on the specific terms of the policy. In this case, the agency鈥檚 coverage turned on policy wording, timing and reporting requirements. The loss involved a fraud scheme tied to spoofed wiring instructions, but that fact alone did not determine the outcome. The court focused on whether the agency complied with the policy鈥檚 conditions.

The bottom line is straightforward: cyber insurance is not a general safety net. It is a contract with strict rules that agencies need to understand and follow.

Timing can determine whether coverage exists

Most cyber policies issued to title agencies are 鈥渃laims-made and reported鈥� policies. This typically means that the claim must be made during the policy period and reported during that same period, or within another timeframe set by the policy.

In this case, the fraud occurred in March 2024. The lawsuit against the title agency was not filed until October 2024, and the agency reported the claim at that time. By then, the policy period in place when the incident occurred had already expired.

The agency also had a subsequent policy with the same cyber insurer. But that did not solve the problem. The result was that there was no coverage under the earlier policy, and the later policy did not pick up the incident simply because it was issued by the same insurer and began immediately after the prior policy ended.

For agencies, this is one of the most important lessons from the case. The claim should have been reported during the same policy period in which the incident occurred, and within the timeframe required by the policy. A policy renewal does not reset the clock on an incident the agency already knows about. Each policy period stands on its own.

Report potential incidents early

The agency鈥檚 delay in reporting was central to the coverage dispute. The title agency discovered the fraud in March 2024 and investigated internally, but waited until November 2024 to notify its cyber insurer. The policy required notice within 30 days of discovering a potential issue.

That word 鈥� potential 鈥� matters. The reporting obligation was not dependent on a lawsuit being filed. It was also not dependent on months of attempts to resolve the issue or recover the funds. The obligation was triggered when the agency became aware that something had gone wrong, or that something may have gone wrong.

The lesson is that agencies should not wait for perfect information before giving notice. When something seems wrong, the clock may already be running.

鈥淲e were not hacked鈥� may not be enough

Another important point from the case is that cyber risk is not limited to a direct breach of an agency鈥檚 computer systems.

The title agency argued that its systems had not been compromised, and its IT vendor confirmed there had been no intrusion. But that did not change the outcome. The claim centered on email spoofing, fraud carried out through impersonation and the agency鈥檚 alleged failure to prevent the scam.

That distinction matters. Fraudsters can infiltrate real estate transactions without directly hacking an agency鈥檚 systems. They may use email spoofing, social engineering, fake wiring instructions or other methods designed to exploit trust and urgency. These schemes can be difficult to avoid even when best practices are followed.

Even where an agency鈥檚 systems are secure, it may still face liability for email fraud, wire fraud schemes and social engineering attacks. Cyber risk extends beyond traditional hacking.

Prior knowledge can defeat coverage

The court also addressed the agency鈥檚 attempt to rely on the later policy period. That effort failed because the agency already knew about the incident before the new policy began.

Most policies exclude known incidents that existed before coverage started. That is why an agency generally cannot wait until renewal and expect a new policy to cover an old problem. If the agency has prior knowledge of a loss, claim, circumstance or potential issue, that knowledge can become a coverage barrier.

The lesson is clear: an agency cannot rely on renewing its policy to cover past problems. Report potential claims in the policy period in which the issue arises, and do so within the timeframe required by the policy.

Know who owes coverage

The title agency sued both the cyber insurer and the insurance producer. The court ruled that only the insurer had contractual obligations under the policy. The producer did not have a duty to provide coverage.

That means agencies should understand who issues the policy, who handles claims and who actually owes coverage. The producer may help place coverage and answer questions, but the insurer issues the policy and bears the contractual coverage obligations. When a claim occurs, agencies need to know exactly where notice must be sent, who must receive it and what the policy requires.

Because the producer did not owe coverage, suing the producer did not advance the agency鈥檚 coverage position and, from a practical standpoint, was a waste of time, money and effort.

Bad faith claims are difficult when policy terms are clear

The agency also argued that the insurer acted in bad faith. The court disagreed because the denial was based on clear policy terms and the timeline supported the insurer鈥檚 position.

If an agency misses a policy deadline or fails to satisfy a reporting condition, a bad faith argument is not likely to change the outcome. The better course is to understand the policy requirements and follow them from the beginning.

What title agencies should do now

The case offers several practical steps for title agencies. First, create a 24-to-48-hour reporting rule. The first 24 to 48 hours after a suspected incident are often the most important for taking action to optimize the chances of a successful recovery. If your agency sees a suspicious email, wire fraud attempt, client complaint or possible misdirected funds, notify your cyber insurer immediately. Do not wait for confirmation or legal action.

Agencies should also contact 星空传媒 星空传媒鈥檚 Fraud Hotline at FraudHotline@alliantnational.com without delay. Early notice alerts and enables the 星空传媒 星空传媒 team to provide assistance when time is critical and when agencies most need advice and direction on next steps.

Second, train staff to recognize fraud red flags. Most losses involve familiar patterns: email spoofing, fake wiring instructions and social engineering. Staff should always verify wiring instructions verbally by calling a known and confirmed phone number. Email changes should be treated as suspicious. The mindset should be simple: VERIFY, THEN TRUST: Every file, every party, every time.

Third, review your cyber policy in plain English. Ask your broker what counts as a claim, when reporting must occur, whether social engineering losses are covered and what exclusions apply. Agencies should understand both their coverage and their obligations before a problem occurs.

If the policy language is unclear, ask questions now. Be proactive with your cyber insurer鈥檚 insurance producer and the cyber insurer about what is covered under the policy you are purchasing and what actions may affect coverage. Even if there is no cyber-insurance coverage for a particular incident, the title agency may still be found responsible and held financially liable for the loss.

Fourth, document everything immediately. When an incident occurs, record dates, timelines, emails, communications, internal actions and any steps taken to investigate or respond. Documentation can directly affect coverage eligibility.

Finally, do not assume that renewal fixes a problem. A new policy does not reset obligations under a prior policy and generally does not cover known incidents that happened during a preceding period. Each policy and coverage period stands on its own. Agencies should also ask their cyber insurer鈥檚 insurance producer about extended reporting period options, sometimes called 鈥渢ail鈥� coverage, and retroactive date coverage for prior incident protection when renewing policies.

The bottom line

The biggest lesson from this case is simple: cyber insurance only works when agencies follow the policy requirements exactly. Agencies do not always lose coverage because they lack insurance. They may lose it because they report too late, misunderstand what triggers coverage or assume that a lawsuit matters more than early warning signs.

If you take just one action after reading this, build plans for immediate reporting and documentation. That single change can determine whether your policy protects you or leaves you exposed to a six-figure loss.

Additionally, 星空传媒 星空传媒 offers a complimentary cyber insurance gap review for our agents. It is designed to assist title insurance agents in reviewing their cyber insurance coverage to identify gaps, limitations, subjectivities, and potential risks that may not be fully covered.

For more information on the service or to request this gap review, please contact Tom Weyant: tweyant@alliantnational.com  

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Legal descriptions are created by a professional surveyor.  Whether it is a platted property or a metes-and-bounds property, the legal description describes how to locate the property on the ground. From iron rods, pins, and monuments the description uses such items to discern the boundaries of the property. There, however, can be mistakes in the written legal descriptions, from typographical issues with the direction or distance to issues with measurements between past and current surveyors.  In other situations, legal descriptions may use a different point of beginning for multiple tracts, which may cause confusion between property owners鈥� legal descriptions without the use of a professional surveyor to identify the actual boundaries.

星空传媒 星空传媒鈥檚 claims department sees several cases involving legal descriptions. Below are a few common issues:

• the legal description is not included with the recorded deed, mortgage, or deed of trust;
• the legal description is incomplete;
• the legal description has typographical errors;
• the legal description references an incorrect subdivision or references an erroneous plat book or page; or
• ownership of property is being challenged due to a gap in the property or an overlap of the property鈥檚 legal description with that of a neighboring property owner.

A missing or erroneous legal description can result in title claims such as intervening conveyances and liens, lack of actual conveyance of the property, and challenges from another party who believes they may have better title. Legal description issues can be time-consuming and may be challenging to cure.

If your state has statutes for correction affidavit usage, such statutes may only be applicable when certain requirements are met. If the situation is not covered or the requirements are not met under the statute, then a correction affidavit most likely is not available. In such cases, a corrective instrument may be required from a party, or litigation may be necessary to resolve the legal description issue.

Attention to detail can significantly reduce the occurrence of legal description issues. Here are a few tips:

• Purchase Contract and Addendums. When parties change the purchase contract鈥檚 legal description, remember to incorporate the changes into the real estate closing platform to ensure that when it is time to print documents, the documents properly reflect the accurate legal description.
  • For example, the parties may have originally contracted for Lots 1, 2 and 3, Main Plat. Subsequently, through an addendum, the contract now only dealing with Lots 1 and 3, Main Plat. Make sure the documents reflect only Lots 1 and 3, Main Plat.聽聽
• Who else should know of changes? Let your team and any third-party vendor know of any changes made to the legal description and request that the title products be revised, and new title products issued to reflect the change. Then, distribute the revised title products to the proper parties.
  • Also let the lender know of any legal description changes as soon as you learn of them. Lenders may use this information to obtain an appraisal of the property and determine its value as part of the lender鈥檚 underwriting review.
  • In some cases, the lender may prepare the deed of trust or mortgage and may include a legal description into the instrument.聽 Review the instrument prior to the closing for accuracy of the legal description. If the legal description is inaccurately reflected, contact the lender immediately to discuss.
• Review and ask questions. When a survey is purchased or a prior survey showing the property鈥檚 legal description is being reviewed, review that survey for any differences shown in the seller鈥檚 vesting deed (and those in the chain) against what has been prepared for the conveyance of title. If there are differences, ask questions and review them with the surveyor and the parties to clear up any discrepancies.聽 Also, document your file to indicate how the parties addressed and resolved the situation.聽
• The parties. Review all documents prior to the closing to ensure they accurately reflect the legal description the seller intends to convey, and the buyer intends to purchase. Also, review and compare any legal description changes that the parties agreed to in the contract or purchase contract addendum.
• Recording. When sending the instrument to the county recorder鈥檚 office, remember to include the correct legal description with the instrument.
• Policies. When a final title policy is issued, review to make sure the correct legal description is included in Schedule A before sending it to the recipient.

As a reminder, take a moment to thoroughly review the property鈥檚 legal description to ensure the legal description included is what is intended by the parties to be conveyed.  This will significantly reduce potential errors that could lead to claims. If you have questions, please feel free to reach out to 星空传媒 星空传媒.

Resources:

Colorado Revised Statutes Title 38, Sec. 38-51-111 (Surveyor鈥檚 affidavit of correction) –  

Florida Statutes, Title XL, Sec. 689.041 –

Texas Property Code, Title 2 鈥� Conveyances, Chapter 5 – Conveyances, Sec. 5.027-5.031

This blog contains general information only, not intended to be relied upon as, nor a substitute for, specific professional advice. We accept no responsibility for loss occasioned to any person acting on or refraining from action as a result of any material on this blog.

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By Amanda Berry, Senior Claims Counsel, 星空传媒

Access issues in title insurance can be a particularly acute source of pain. In fact, some of the most challenging claims arise when someone assumes access because of a road or driveway. But remember: a visible route into a property is NOT always a valid route. Understanding this difference is key to preventing claims, delays, negotiations and especially litigation.

What access means in title

Preventing access-related claims hinges first on understanding what title insurance covers. Title insurance typically guards against the risk that the insured property lacks a legal right of access. In other words, just because there is a road does not necessarily mean there is legal access to the property. To properly protect customers, agents must avoid confusing the two.

Common access problems

Drawing this distinction within a title policy matters greatly because there are different types of transactions that can raise access problems. Here are some common culprits:  

• Improper subdivision: When a large parcel of land is divided, sometimes the inner or rear parcels become landlocked and are sold without an access road or easement providing legal access.

• Unrecorded or invalid easements: Was the easement properly created or has it expired? The underlying easements, even older easements, need to be reviewed to confirm they are valid and do, in fact, provide easement to the property.
• Road abutting property is private: In some cases, the road adjacent to the property is privately owned. The seller may have been using the private road to access their property either on a handshake deal or even unknowingly, but there is no recorded easement allowing them to use the road. Unfortunately, this is not legal access and can create real access problems, especially if the goodwill of the neighbor is no longer extended.
• Common ownership: When an owner holds multiple parcels of land that only include one access point, that access can disappear if one parcel is sold.

Without careful examination confirming access to the property, buyers can find themselves in a difficult situation. Access issues can trigger claims, liability and disputes. These claims are often expensive and time-consuming to address, and the parties may find themselves having to go to court to restore access. These are all things we want to avoid whenever possible.

 Your handy checklist for preventing access claims

Luckily, most access claims can be avoided with a little legwork and extra due diligence. Adhering closely to the following best practices won鈥檛 eliminate the prospect of an access claim, but they can certainly go a long way in reducing the risk.

Always:

• Confirm whether the transaction parcel is adjacent to a public road or is dependent on an indirect access point. If unsure whether a road is public, call the county or city to confirm.
• Check legal descriptions and Schedule鈥疊 exceptions carefully. Remember, while some exceptions may be routine, 鈥渙thers can genuinely limit what you鈥檙e able to do with the property鈥�[i] and could impact access.
• Always confirm that access easements are valid and tied to the property.
• Refrain from taking things at face value, as not all types of roads may automatically equal recorded legal access. 鈥淒riveways and, in some cases, private roads do not necessarily constitute legal access. Such access rights must be evidenced by a written, recorded easement.鈥�[ii]
• Utilize ALTA surveys to properly assess property boundaries, easements and right of ways.
• Loop in your underwriter whenever you are in doubt. Whenever access appears indirect, unclear or limited, it is always best practice to get another pair of eyes on it.
• Keep an eye on red flags, such as:
  • Private road with no easement in the file
  • Access that is crossing neighboring land, railroads, water or other public areas
  • A parcel that has been separated from a larger property
  • Easement language that seems vague or incomplete
  • Disparities between what the survey shows and what the commitment states

By using these as your guide, counsel then can correct the issue ahead of time and prevent unnecessary claims on the backend.

Slow and steady wins this race

Access issues may seem small, but they have the power to disrupt what should be seamless transactions. Agents can often prevent this from happening by verifying access in every file, every time, especially if there seems to be something off or amiss. Take the time to ask your questions up front and dig deeper into the access route to make sure your bases are covered. That鈥檚 the best way to catch these problems before a policy is issued and avoid major headaches in the process.

[i]

[ii]

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By Amanda Berry, Senior Claims Counsel, 星空传媒

The real estate market is currently experiencing record low transaction volume, driven by mortgage and affordability pressures. Given these conditions, one might assume that fraud rates have similarly decreased鈥攜et the data show the opposite. According to ALTA, scams like seller impersonation fraud remain a growing problem. 28% of title insurance companies, for instance, have experienced at least one seller impersonation fraud attempt in recent years.[i] A Milliman claims analysis shows fraud and forgery accounted for 21% of all dollars spent on claims expenses and losses. These numbers suggest that fraudsters are becoming more coordinated and sophisticated, leading to successful schemes even amid lower transaction rates. These schemes exploit common fears and insufficient verification practices to generate huge claims. Refinance transactions are particularly susceptible due to how much of their risk sits outside the public records and inside the transaction workflow itself.

From one-offs to multi-layered attacks

How do we explain this? Well, in 2026, real estate fraud is no longer primarily isolated, one-off scams. Layered and sophisticated attacks are becoming increasingly common. ALTA notes that title professionals are now confronting schemes ranging from wire fraud, seller impersonation, identity theft and forged deeds, while spending substantial time each month on fraud prevention. Many of today鈥檚 top schemes also cannot be detected through public-record searches and require stronger identity verification, monitoring and communication safeguards to keep pace. 

To make a long story short, just as high-tech cybercriminals often attack a target鈥檚 network through multiple vectors, today鈥檚 real estate fraudsters will seek to infiltrate a transaction through several touchpoints at once. These criminals are highly adept at appearing to be a legitimate party in the transaction. That is what makes these attacks multi-layered: they may involve compromised communications, false identities, forged documents and payoff confusion, rather than one obvious red flag. This assessment comports with Milliman鈥檚 data, which indicates that nearly 30% of losses could not have been prevented by consulting public records.[ii]

Refinances are particularly vulnerable

These dynamics make refinances particularly vulnerable to fraudsters. Refinance deals may look fine at first but include problems that resurface later. Some of these include impersonations, forged signatures, mortgage payoff fraud, or communication and closing misfires. These elements often cannot be detected via public records, which means a standard search alone often will not catch them.

Title agency workflows can also make refinance transactions vulnerable. Payoffs appear in more than 90% of transactions, and issues related to obtaining them can often slow the closing process.[iii] Communication between multiple parties may be required, and when a transaction requires handoffs between multiple parties, bad actors have an additional opportunity to insert themselves into the process. 

Milliman鈥檚 2025 analysis of claims and claims-related losses in the title industry confirms how successful fraudsters have been at targeting these transactions. Their analysis states that the 鈥渁verage claim severity is higher for refinances than for purchases鈥�[iv] and that 40% of those claims were made up of instances of fraud and forgery.[v]

Go the extra mile to safeguard transactions

With such high stakes involved, title agents should always treat refinance transactions as high risk and apply extra scrutiny to these files. Payoff and impersonation fraud can be easy targets for criminals. Agents must have procedures in place and always follow them: Verify, then Trust鈥攅very file, every party, every time. Always independently confirm payoff details and wire instructions, and treat all last-minute changes with extreme skepticism. The same goes for communications. When communicating about a refinance deal, do not take any change requests at face value. Instead, be sure to confirm changes through other channels. Use identity verification tools to confirm whether a person is who they say they are. By following these steps, you will be better positioned to prevent losses and claims.

Extra checks prevent extra costs

Time is always of the essence in any business, and perhaps nowhere more so than in real estate, where thousands or even millions of dollars can be on the line. Yet the unfortunate reality is that fraudsters are evolving their methods and targeting real estate transactions for this very reason. This is particularly true for refinances, with sources showing that the average claim now costs $206,976, including nearly $68,199 in defense costs.[vi] Slowing down and verifying refinance transactions that come across your desk is worth it if you can prevent that kind of financial damage. While no agent wants to face a fraud claim, be prepared if one does occur and have a response plan in place.

[i]

[ii]

[iii]

[iv]

[v] Ibid

[vi] Ibid

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By: Elyce Schweitzer, 星空传媒 星空传媒 Regulatory Compliance Officer

Artificial intelligence has made fraud more convincing and more difficult to spot. As we explored in our earlier piece on deepfake-enabled fraud, today鈥檚 bad actors can impersonate real parties, voices, and documents with a level of sophistication that would have been unimaginable just a few years ago.

In response, lawmakers and regulators are strengthening the legal tools available to prosecutors, civil enforcers, and courts. These developments don鈥檛 rewrite core fraud principles, but they do change how those principles apply to real estate closings 鈥� and they reinforce the value of careful verification.

Understanding this evolving landscape helps explain why it鈥檚 so important to Verify, Then trust 鈥� every file, every party, every time.  

Fraud and Impersonation: Statutory Tools That Matter

States are updating their criminal and civil fraud statutes to make it clearer that impersonation using modern technology is not a technical loophole but a prosecutable offense.

For example, in Texas, (effective September 1, 2025) amended Chapter 32 of the Texas Penal Code by adding Sections 32.56 and 32.57. Section 32.56 makes it an offense, with intent to enter or remain on real property, to knowingly present to another person a false, fraudulent, or fictitious document purporting to be a lease agreement, deed, or other instrument conveying real property or an interest in real property. Section 32.57 makes it a first-degree felony to knowingly list, advertise, sell, rent, or lease residential real property without legal title or authority.

In practice, these sections clarify that impersonation involving falsified property documents constitutes fraud, even when the deception relies on digital or AI-assisted tools. Notably for title agents, when such cases are investigated or litigated, the analysis may extend beyond the fraudulent act itself to examine how the transaction progressed, including what steps were taken to confirm identity and authority before reliance occurred.

The Role of Notarization and Remote Online Notarization

Notarization has become a critical built-in safety mechanism for property transactions. States that authorize Remote Online Notarization (RON) typically require defined identity-verification procedures, which may include multi-factor authentication, recorded sessions, and retained audit logs.

These requirements do more than check a box. They create layers of verification that are observable after the fact. When fraud does occur, prosecutors, judges, and civil litigants may scrutinize whether these verification layers were followed.

In other words, notarization statutes don鈥檛 replace professional diligence 鈥� but they codify expectations for how identity and intent should be confirmed and documented.

Expanding Definitions of Deceptive Communication

Other states have updated their fraud laws to explicitly cover realistic representations made with advanced technologies. , effective April 2, 2025, defines 鈥渄eceptive audio or visual media鈥� as the use of highly realistic representations of speech, conduct, or writing where the subject did not actually engage in that conduct. The statute criminalizes generating, soliciting, disclosing, or using deceptive audio or visual media for the purpose of attempting or furthering the commission of a crime or offense, or with knowledge it will be used for that purpose.

takes a broader approach by recognizing that sophisticated communications techniques, including those enabled by technology, play a central role in modern fraud schemes. The statute consolidates fraud and organized fraud offenses, aligns state law with federal mail and wire fraud precedents, and includes enhanced penalties for certain first-degree felony offenses. It also provides civil remedies related to identity misuse and sets limitation periods and tolling rules that account for defendants who are absent from the state or lack an ascertainable address.

These statutory definitions reinforce something title professionals already know from experience: fraud is not defined by medium but by intent and effect. A voice message, video call, or carefully worded email can be just as fraudulent as a forged signature on paper. What matters is whether it induces action based on false representations.

Federal Reporting and Awareness Efforts

At the federal level, activity has focused on understanding and reporting on the risks associated with AI technologies. For example, legislation passed in connection with the 2021 星空传媒 Defense Authorization Act (NDAA) the Department of Homeland Security to produce annual reports on digital content forgery technology. 鈥� the core technology behind deepfakes.

For those of you who enjoy reading more technical material, the is available for your enjoyment.  A review of the report makes it clear that the technology and its potential for harm to our industry is complicated.

These federal efforts help catalog the risks and raise awareness across industries, but they do not change state criminal or civil liability in property transactions. Instead, they improve the information environment in which professionals and regulators operate.

What This Means for Title Professionals

When closings are reviewed after fraud occurs, the focus will likely shift to whether steps were taken to verify identity, authority, and intent, and whether those steps were reasonable under the circumstances. This reflects how fraud is often evaluated after the fact: technology may enable new methods of deception, but it does not change the underlying wisdom: Verify, Then Trust before acting.

The Bottom Line

Regulatory and statutory changes are not abstract developments. They reflect how lawmakers and enforcers are applying long-established fraud principles to modern threats.

Deepfakes and AI-enabled impersonation present real risks in real estate transactions. The truth is, when fraud is investigated or litigated, attention will likely shift beyond the technology itself to how the transaction unfolded, including whether identity and authority were meaningfully confirmed before reliance occurred.

For agents who incorporate verification as a routine part of their workflow, 鈥淰erify, Then Trust鈥� functions as a practical risk-management framework. It aligns with the way fraud is examined after the fact and supports defensible decision-making when transactions are questioned. Applied consistently, this approach helps protect the transaction, the parties involved, and the professionals responsible for bringing the deal to completion.

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By Mauri Hawkins, Chief Claims Counsel, 星空传媒

Title pros know that fraud is a big problem in our industry, but the available data is still eye-popping. In 2024, the American Land Title Association (ALTA) reported that fraud and forgery claim costs averaged over $143,000 per incident.[i] Such losses can significantly impact a typical agency鈥檚 business, which makes prevention your best defense. To help, we鈥檝e outlined 2026鈥檚 top fraud threats as well as strategies for spotting them early and protecting every file, every party, every day.

Why redouble our focus on fraud in 2026?

Fraud in 2026 harms businesses in a way that goes beyond dollars and cents. Fraud can also inflict major reputational damage, leading to lost referrals and, quite possibly, the closure of your business itself. In short, fraud and forgery can derail your company鈥檚 goals and prospects in both the short and long term. These serious consequences highlight why we must scrutinize the details of every file that comes across our desks鈥攑articularly from the insidious schemes we will explore below.

Seller impersonation is a danger

First up is seller impersonation. Increasingly common, seller impersonators pose as property owners and sell properties out from under the real owners without their even knowing. Given how widespread it has become, agents must never eyeball ID documents. ID-verification tools must be used on every file, every party, every day instead. Agents must also take time to scrutinize notary seals and the notaries themselves. When possible, avoid mail-away closings and use a reputable remote online notarization (RON) provider. Also, validate IDs at the time you receive an order, as this helps stop fraud in its tracks! And finally, educate your real estate agents, lenders and consumers on the very real risk of losing their money.

Vacant land sales pose a real threat

Vacant land remains another top fraud target in 2026. It is driving a huge share of claims nationwide and can get wildly expensive.

To cut down on these claims, ID-verification tools are again your best friend. Apply them to every file at the beginning of each order. That way, you can properly verify the parties involved and not waste time on bogus deals.

You should also always contact vested owners at a trusted address, whether by email or by mail, to confirm the sale. Finally, stay on guard for red flags like recent address changes or sudden changes to entity information located in the Secretary of State records. Those are go-to moves that sophisticated fraudsters love to deploy.

Fight back against payoff fraud

At 星空传媒 星空传媒, we are also seeing a sharp rise in payoff fraud. These involve bad actors injecting themselves into the payoff process and rerouting funds away from the real lender or servicer and into their own bank accounts. Fraudsters have gotten good at compromising payoff mechanisms鈥攆rom email to fax. Given that, the principle of Verify, Then Trust matters more than ever before.

Some best practices to remember include:

• Never accept payoff info from a party to the transaction.
• Prior to sending funds, confirm with the lender, using independently verified contact information, the wire information or payment address.
• Follow the verified lender instructions exactly and double-check payment details before disbursing.
• Treat any last-minute changes or 鈥渘ew鈥� payoff directions as a major red flag, and contact the lender directly at the independently verified contact information before taking any further action.

For more best practices, managers should review  on handling payoffs securely and share it with their agents.

Staying cyber smart

No conversation about fraud in 2026 would be complete without touching upon cybersecurity concerns, particularly from phishing emails. Cyberattacks are one of the most common ways fraudsters can attack our industry. In fact, data reveals that over $16 billion in losses resulted from cybersecurity issues alone.[ii]

The silver lining is that we have a powerful way to prevent cybercrime and stem these losses. The numbers show that one of the most consistent reasons why a cyberattack is successful has to do with human error. Implementing security awareness training for your agency can reduce the likelihood of a fraudster pulling a fast one by 70-90%.[iii]

Strong cyber insurance is also essential for agencies to protect themselves from fraudsters. Review your policy鈥檚 terms and conditions thoroughly, institute processes and procedures for the team to follow in each transaction, and document each file with the actions taken to show that the processes and procedures were followed. This is highly important for when a claim is made under the cyber insurance policy.

You have a partner in the fight against fraud

At 星空传媒 星空传媒, we鈥檙e here to support you in the fight against fraudsters. We have resources that can help:

• 星空传媒 星空传媒 Crime Watch Program: If an 星空传媒 星空传媒 agent鈥檚 employee spots and prevents possible fraud, agency management can nominate that employee to receive an award. Find more information here about the program.
• The 星空传媒 星空传媒 Fraud Prevention Tips: Find handy best practices for spotting and stopping fraud with this tip sheet.
• ID Verification Tools: Explore today鈥檚 top platforms and make sure your team is trained on the right policies and best practices. 星空传媒 星空传媒 agents, for example, 鈥攁 leading identity verification provider.

You鈥檙e ready to face fraudsters

Armed with these tools and knowledge of 2026鈥檚 top fraud threats, you鈥檙e ready to spot bad actors and act before a scheme escalates into a loss.  Just remember to never take anything at face value and to verify before you ever extend your trust. By approaching your files with the mantra of 鈥淰erify, Then Trust鈥� in mind, you can rest easy knowing you鈥檝e protected every file, every party, every day.  

[i]

[ii]

[iii]

The post Top Fraud Concerns to Watch Out for in 2026 appeared first on 星空传媒 星空传媒 Title Insurance Co..

By Adam Mohrbacher

From the rolling hills of Missouri to the coastal plains of Florida, fraud continues to threaten real estate transactions across the country. In response, an increasing number of 星空传媒 星空传媒 agents are answering the call to help identify and stop fraudulent activity. Over the years, these agents have prevented dozens of fraudulent transactions from moving forward, saving millions of dollars in proposed liability. Here, we take a closer look at fraud prevention efforts from the past year, as well as the agencies recognized through 星空传媒 星空传媒鈥檚 Crime Watch program.

A problem with a massive scope

Not that anyone really doubts it, but the data continues to confirm that real estate fraud in the United States is pervasive. ALTA鈥檚 2025 Cybercrime Study, for example, showed that over 40% of title companies reported getting at least one email per month attempting to change wire instructions.[i] A survey from the 星空传媒 Association of Realtors paints an even more disturbing picture, with 63% of respondents indicating they were aware of deed/title fraud in their markets within the past 12 months.[ii]

In her recent claims wrap-up blog, 星空传媒 星空传媒鈥檚 Chief Claims Counsel, Mauri Hawkins, also emphasized that title and real estate fraud is arguably getting worse鈥攏ot better. 鈥淚n my opinion, it appears there has been an increase in the number of submitted title claim notices involving lawsuits challenging the validity and veracity of recorded real property instruments or the authority of a person to execute documents on behalf of a person or entity in the chain of title,鈥� she noted.

The sheer amount of fraud is not the only problem the industry is facing. Fraudsters鈥� increasingly advanced methods also pose a clear threat. They are 鈥渓everaging social engineering and devices to manipulate, influence and deceive; they continue to prey on what they see as a lucrative market and a quick payday,鈥�[iii] said Hawkins.

The role of 星空传媒 星空传媒 agents

Many 星空传媒 星空传媒 agents have continued to push back against this ever-rising tide of fraud across the United States. In 2025, their vigilance resulted in $1.6 million in savings. 星空传媒 星空传媒 helped support and incentivize these efforts through its Crime Watch program. The program issues $1,000 each time an eligible agent who meets the program criteria discovers and prevents fraud. The program awarded $11,000 to agents in 2025 alone, reinforcing 星空传媒 星空传媒鈥檚 commitment to proactive fraud prevention.

星空传媒 星空传媒鈥檚 2025 Crime Watch Award Recipients:

What agencies can do

There are many lessons agencies can draw from these real-world experiences. Aransas County Title鈥檚 Brooke Turner, who prevented a nearly $250K transaction from going forward, explained that: 鈥淲e look at everything associated with identities and banking accounts鈥攊ncluding handwriting. If the handwriting on recorded documents doesn鈥檛 match the contract or wiring instructions, it鈥檚 a huge red flag.鈥�[iv] 

Tropics Title Services鈥� Jean Thomas, who blocked a fraudulent $23K transaction, echoed Turner鈥檚 comments on the importance of being comprehensive, as well as having strong internal protocols in place. 鈥淚 followed my gut, adhered to best practices and followed our tried-and-true policies for dealing with suspicious activities,鈥� Thomas reflected. 鈥淔raud is not going away in this industry, unfortunately,鈥� she continued. 鈥淲e must ensure that we thoroughly investigate any deals that carry sufficient red flags.鈥�[v]

These efforts align with 星空传媒 星空传媒鈥檚 new Verify, Then Trust initiative鈥攄esigned to raise awareness and reinforce best practices that help stop fraud before it becomes a claim. Agents are urged to Verify, Then Trust on every file, every party, every time.

Additional best practices aligned with a 鈥淰erify, Then Trust鈥� mindset include:

• When possible, always speak to the customer directly rather than relying on digital communication.
• Always encrypt sensitive information such as wire instructions.
• Foster a highly collaborative agency culture to ensure collective expertise is brought to bear on suspicious transactions.
• Stay up to date on the latest news and trends related to real estate fraud and title claims. The 星空传媒 星空传媒 website blog remains a phenomenal source of information on everything from claims and cybersecurity tips to how to prepare for a data breach.
• Take advantage of continuing education classes offered through that focus on fraud, cybersecurity and compliance.
• Remember: when something feels off with a transaction, it probably is. Trust yourself and take action. As they say, it鈥檚 always better to be safe than sorry.

Make this a year of anti-fraud activity

Whether your agency is well-versed in addressing fraud or just beginning to put formal policies in place, now is the time to act. Working collaboratively with 星空传媒 星空传媒 can help support your efforts to identify and respond to potential fraud. Let鈥檚 continue working together to promote a safer and more successful industry鈥攂y remembering to Verify, Then Trust. Want to learn

[i]

[ii]

[iii] Claims: A Look Back At 2025 – 星空传媒 星空传媒 Title Insurance Co.

[iv] Texas Title Agent Spots Red Flags, Stops Dubious Deal – 星空传媒 星空传媒 Title Insurance Co.

[v] Two 星空传媒 星空传媒 Agents Take the Fight To Fraudsters – 星空传媒 星空传媒 Title Insurance Co.

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As fraud tactics evolve, so must the way the industry protects consumers and transactions. That鈥檚 why 星空传媒 星空传媒 has launched Verify, Then Trust鈥攁 new initiative designed to raise awareness and reinforce best practices that help stop fraud before it becomes a claim. Agents are urged to Verify, Then Trust on every file, every party, every time.

The Rise of Deepfake Fraud in Real Estate

Deepfake fraud has been making headlines in unexpected ways, and real estate is one of the latest industries to be hit. In the past two years, fraudsters have leveraged AI-powered deepfake technology to pose as property owners, financial executives, and even notary publics. Even experienced agents working with what they think are repeat or loyal customers have suffered devastating losses.

Take, for example, a case from 2023 where a scammer used a deepfake voice to impersonate a real estate attorney in communications with a client. The unsuspecting buyer believed he was speaking with his legitimate attorney and wired a six-figure down payment鈥攕traight into the scammer鈥檚 account.

Another shocking case involved a fraudster using a deepfake video to pose as a property owner looking to sell a luxury home. The scammer managed to fool not only the buyer, but also the title company, leading to the fraudulent sale of a multimillion-dollar estate.

Of course, there was also the fraudulent attempt to force a foreclosure sale of Graceland, Elvis Presley鈥檚 home, which made headlines in 2024. These fraudsters are bold and believe that increasingly large and high-profile targets can yield even bigger payouts.

How to Combat Deepfake Fraud in Real Estate

With deepfake technology becoming more advanced, spotting fraud with the naked eye is harder than ever. But that doesn鈥檛 mean we鈥檙e powerless. Here are some strategies to avoid falling victim:

Double-Verify Identities
Don鈥檛 rely solely on phone calls, video calls, or emails. Always confirm identities through multiple channels鈥攕uch as in-person meetings, official documentation, letters via 鈥渟nail mail,鈥� and voice confirmation through previously established phone numbers. This is even more critical in vacant land transactions or refinances involving free and clear properties.

Use Multi-Factor Authentication (MFA)
When transferring funds or signing critical documents, consider requiring multi-factor authentication (MFA). This adds an extra layer of security beyond visual or voice verification alone. It鈥檚 always important to treat funds with great care鈥攁s if the money were your own鈥攁nd take appropriate steps to protect them. If funds go missing, customers may seek reimbursement from the agent鈥檚 personal account.

Scrutinize Video Calls and Emails
If something feels off鈥攍ike unnatural blinking, delayed audio sync, or robotic speech patterns鈥攂e skeptical. Deepfake videos often have subtle imperfections that can give them away. Ask probing questions a deepfake would not be able to answer accurately. You may even want to establish a special passphrase with customers, provided to them only through a secure portal.

Conduct Due Diligence
If a new client or seller suddenly appears with urgent demands, do your due diligence. Check property records, verify business affiliations, and ensure everything aligns with known facts. As they saying goes: If it appears too good to be true, it probably is. Scammers also like to amp-up the pressure, so do not let a hurried closing or pushy customer cause you to shortcut your verification processes.

Leverage Fraud Detection Tools
Just as AI is being used to create deepfakes, it鈥檚 also being used to detect them. Some AI-driven tools analyze facial movements, voice anomalies, and inconsistencies in digital assets to help identify fraudulent activity. In the real estate space, tools such as CertifID add another layer of confidence to the process. 星空传媒 星空传媒 agents can now use CertifID with discounted pricing to protect deals by verifying identities, managing and ordering payoffs, and securing wire instructions. Verify, then Trust 鈥� every file, every party, every time.

The Bottom Line

Deepfake technology is no longer a futuristic concern鈥攊t鈥檚 here, and it鈥檚 changing the way fraudsters operate. By staying vigilant and implementing multi-layered verification methods, you can ensure that your next property transaction doesn鈥檛 turn into a deepfake disaster. Remember: Verify, Then Trust 鈥� every file, every party, every time.

See 星空传媒 星空传媒鈥檚 recent , which was inspired by a real-life attempt to commit wire fraud using deepfake technology.

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As we enter the final weeks of 2025, we have an opportunity to look back at the overall real estate market and the title insurance industry. With the Federal Reserve cutting interest rates this year, mortgage rates have decreased 鈥� but nowhere near the lower rates seen in 2021. We also saw home price increases continue to slow down in many markets¹. In September, American Land Title Association² reported that title insurance premiums increased, but paid title claims had also increased when compared to the same time last year. Here are a few areas that contributed to title claims in 2025.

Scams

First, fraud scams continue to be an expansive and expensive thorn in our industry鈥檚 side. With scammers leveraging social engineering and devices to manipulate, influence, and deceive, they continue to prey on what they see as a lucrative market and a quick payday. From impersonations to falsifying documents, scammers are negatively impacting those who are legitimately trying to sell property, buy property, refinance, or just trying to enjoy their property in peace. As an industry in recent years, in my opinion, it appears there has been an increase in the number of submitted title claim notices involving lawsuits challenging the validity and veracity of recorded real property instruments or the authority of a person to execute documents on behalf of a person or entity in the chain of title. We suggest that you and your office continue to be on guard and mindful of the many fraud schemes impacting your community and communities nationwide, as the use of these schemes is not slowing down.

Lender and its foreclosure

Also, we鈥檝e seen an increase in lender claim submissions in connection with preparing to foreclose. Most lenders obtain foreclosure title search reports before starting the foreclosure process. These reports identify matters that are to be addressed before or during the foreclosure process. Title matters include areas such as delinquent back taxes, lack of recorded release, satisfaction or cancellation of a mortgage / deed of trust / security deed, a person鈥檚 ownership interest that has not been conveyed; or, if an owner is divorced or deceased, no recorded information on how the property was dealt with. Also, there are such issues as homestead and marital rights that may impact the enforceability of a mortgage on the property. For example, in some states, if the property is titled in one spouse鈥檚 name but the mortgage is not executed by both spouses and a disclaimer of interest is not executed, there may be a title issue with the mortgage. Just like reading a fascinating book, the county land record tells the story of the property鈥檚 title. Thus, if there is missing information in the record that imparts constructive notice to others, such as breaks in the chain of title and unsatisfied liens, the story is not complete.

Legal Right of Access

In addition, the department saw issues involving a lack of legal right of access. On occasion, an incorrect presumption was made that an abutting road, appearing on a map or survey, provides a legal right of access to the property. It is unclear whether one county also found the matter to be a growing problem and thus instituted an ordinance in 2024. The ordinance requires that 鈥渁ny instrument recorded in the Official Records of Highlands County, Florida, which grants, conveys, or transfers fee simple ownership in and to real property shall be accompanied by an affidavit or affidavits verifying the roadway status related to the real property.鈥� If the roadway is not a public road, a dedicated right-of-way, or created by a recorded easement, by court order, or other statutory means, then this may result in a title claim seeking to establish the legal right of access over the private road. As part of the transaction, the property鈥檚 right of legal access ought to be reviewed, analyzed and determined.

Missing from the Title Search and Title Commitment Requirements Not Addressed

Lastly, this year some claims involved either a title searcher missing a recorded document; or a search and examined document impacting the real property that was not included on the title insurance products or was included but not addressed in connection with the transaction. Examples include missed easements, missed and valid use restrictions involving the property, and unreleased partial claims mortgages, revolving line of credit mortgages, or similar mortgages that are either incorrectly presumed to have been included with another mortgage or incorrect reliance on unverified information given by the debtor without obtaining written confirmation directly from the lender. To help avoid these issues, provide the title searcher and examiner with the correct information on the property involved and the full names of the parties in the transaction so the best title search results are provided. Also, trust in your own due diligence and not rely solely on information provided to you by a party.

Conclusion

Even though this is not an exhaustive list, it is no surprise that all the above title claim areas can be prevented through your efforts and diligence.

We appreciate our partnership with our title agents. You are on the front lines every day. As skilled title professionals, we know that buyers, sellers, and lenders value your role in protecting their investment and the American Dream of homeownership.

Resources:

¹ Ashley Harrison and Angelica Leicht. November 5, 2025. Housing Market Predictions For 2025: When Will Home Prices Drop?

²American Land Title Association. ALTA Reports Q2 2025 Market Share and Title Insurance Premium Volume.  .

³ Highlands County, Florida Clerk of Courts. Roadway Status Affidavit at Property Transfer.  

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It is difficult to admit it, but we are all getting older 鈥� day by day. For many of us, and for our family members, we must actively think about how we may want to distribute our assets when we pass away. Our assets may include personal property, financial accounts, investments such as stocks and bonds, and real property 鈥� just to name a few. For this article we will concentrate our discussion on real property.

Unless there is a legal tool established to have an asset avoid probate, typically when a person holds title to real property and passes away, their interest may be addressed through a probate of that person鈥檚 estate. From formal, informal, summary administration, or ancillary administration of a person鈥檚 estate, a review of the written wishes of the decedent鈥檚 distribution of assets or through the intestate succession laws of the state will identify the heirs and beneficiaries and how to correctly distribute any real property.

As an example, in Florida, under Chapter 5 of The Uniform Title Standards, Estates of Decedents, Standard 5.1 discusses an intestate decedent and homestead property.  Here is one comment from that standard:

Section 732.101(2), Fla. Stat. provides that the decedent鈥檚 death is the event that

vests the heirs鈥� right to the decedent鈥檚 intestate property. However, for title to be

marketable, Florida probate or similar judicial proceedings are necessary to

establish the identity of the heirs. In addition, in order to preserve a permanent

record of the probate proceedings for future marketability purposes, it is strongly

recommended that certified copies of the pertinent excerpts be recorded in the

official records of the county where the real property is located. 鈥�

Under 搂搂 733.607(1) and 733.608, Fla. Stat., the decedent鈥檚 real property, except

protected homestead, is subject to the possession and control of the personal

representative for such purposes as the payment of devises, estate and inheritance

taxes, claims, charges, and expenses of the administration and obligations of the

decedent鈥檚 estate.

Protected homestead does not become an asset within the possession and control of the personal representative. Spitzer v. Branning, 135 Fla. 49, 184 So. 770 (Fla.

1938); Public Health Trust of Dade County v. Lopez, 531 So. 2d 946 (Fla. 1988).

Therefore, during the administration of the estate, a conveyance from the heirs

would not create a marketable title unless: (1) a final order determining the

property to be protected homestead had been entered, or (2) the personal

representative relinquishes control, or potential control over the asset by quitclaim

deed, certificate of distribution or other similar instrument, and estate taxes cleared.

So, in Florida, beyond just being the decedent鈥檚 asset, there is also an evaluation of whether the real property was their homestead property. Such a determination matters and may necessitate different steps for the distribution of the real property.

For a person that has a will (i.e. testate) which is duly admitted to probate and does not specifically identify the property as one to be devised, then the distribution of the real property most likely will have to be addressed through the probate court to determine the rightful heirs or beneficiaries of that property.

It is also worth mentioning that depending on your state, there may be other statutory mechanisms to assist with the distribution of real property without probate proceedings, when done properly, such as an Affidavit of Heirship, Life Estate / Beneficiary deed, Trusts, Survivorship deed, and others.

From a claim鈥檚 perspective, the team typically addresses heir and beneficiary issues that involve someone who was not identified in the probate proceedings, the person was not named in the nonjudicial evidence of an Affidavit of Heirship, or the person was named but a conveyance deed was not obtained and recorded.

To avoid missing an heir or beneficiary, it is important to review an obituary (if available), ask questions about the decedent鈥檚 family, and if heirs or beneficiaries are identified, obtain a deed from each person. To expand on the last-mentioned situation, we occasionally see that a decedent鈥檚 heir or beneficiary is also deceased. However, you cannot ignore their particular interest as their interest goes to this person鈥檚 heirs and beneficiaries and deeds still need to be obtained to resolve their interest.

Here are a few scenarios involving a decedent鈥檚 property:

Scenario #1

Q: A family member of an intestate decedent who passed away a year ago enters your office and says that he has a Power of Attorney to manage and sell the property. Will the Power of Attorney work in this situation?

A: No.  A power of attorney automatically terminates upon the death of the principal. Thus, a probate must be open to determinate the heirs and the distribution of the asset.  

Scenario #2

Q: The daughter of an intestate decedent visits your office. She states she is the only child that her single father acknowledged at the time of his passing. However, her two brothers have been 鈥渄isowned by the family鈥� and there is no need to probate her father鈥檚 estate. Is the daughter able to convey full fee simple title without her brothers?

A: No. To address any interest in the asset a probate proceeding should be open in that state or non-judicial evidence of heirship provided, if available in your state. In either case, it would be necessary to have all decedent鈥檚 heirs execute a conveyance deed.

Scenario #3

Q: The nonresident decedent owns real property in Florida. A probate of the decedent鈥檚 estate was handled in Nevada.  A son comes to your office with the Nevada probate proceedings and states that he can sell the property. Can you proceed with only a Nevada probate?   

A: No.  Nevada does not have jurisdiction over the Florida property. A probate should be filed in Florida to address the distribution of the asset and a conveyance deed obtained from the heir(s).

Conclusion

This article provides a broad, high-level discussion of a limited area of estate and probate as it applies to real property. As you can see, the complexities of estate administration for each state must be analyzed thoroughly and accurately to ensure that the proper parties are conveying title and to prevent ownership challenges. Remember to check your state resources, speak with your underwriter, or discuss with your legal counsel to properly identify and resolve any interest being held by an heir or beneficiary.

Resources:

Justia. 2024 Colorado Revised Statutes, Title 15 鈥� Probate, Trusts, and Fiduciaries, Colorado Probate Code, Article 11 鈥� Intestate Succession and Wills – .

Justia. 2023 North Carolina General Statutes, Chapter 28A 鈥� Administration of Decedents鈥� Estates; Chapter 28B 鈥� Estates of Absentees in Military Service; Chapter 28C 鈥� Estates of Missing Persons; Chapter 29 鈥� Intestate Succession; Chapter 30 鈥� Surviving Spouses; Chapter 31 – Wills  – .

Justia. 2024 Texas Statutes, Estates Code, Title 2 鈥� Estates of Decedents; Durable Powers of Attorney, Subtitle E 鈥� Intestate Succession, Chapter 203 鈥� Nonjudicial Evidence of Heirship – .

Missouri Revisor of Statutes, Title XXXI Trusts and Estates of Decedents and Persons Under Disability, Chapter 461 Nonprobate Transfers Law – .

The Uniform Title Standards, A Publication of the Florida Bar Real Property, Probate & Trust Law Section 鈥� Chapter 5 – Estates of Decedents (September 2010) – .

This blog contains general information only, not intended to be relied upon as, nor a substitute for, specific professional advice. We accept no responsibility for loss occasioned to any purpose acting on or refraining from action as a result of any material on this blog.

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