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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You鈥檝e heard the term. You鈥檝e seen the warnings. You may have even been unlucky enough to experience an attack. But what exactly is malware, and what can you do to safeguard against it?

Malware: A Catch-All Term

Malware is an umbrella term for any type of malicious software. This can include anything from computer viruses, worms and Trojan horses (a malicious piece of software disguised as a legitimate program) to ransomware, spyware, adware or scareware.

Typically, anything that secretly works against the interests of a computer user can be classified as malware. Malware can infect almost any type of computer or digital device. Some but not all machines that are vulnerable to malware include: Windows computers, Macs, iPhones, iPads, Android devices and network servers. Viruses and worms are the most common types of malware, and both are spread by becoming embedded in executable software.

Why it Matters  

Malware is used by hackers to gain access and pilfer the personal, financial, business or governmental data of unsuspecting individuals or organizations. Once this information is acquired, cybercriminals frequently seek to exhort money from their victims 鈥� either directly through ransoms (where the criminal blocks access to files or programs until the victim pays them money) or by engaging in identity theft.

Recent studies indicate that cybercrime is on the rise. A 2019 report revealed a 67 percent increase in security breaches over the past five years.[i] The cost of these attacks is truly staggering. According to the White House, 鈥渕alicious cyber activity cost the U.S. economy between $57 billion and $109 billion in 2016.鈥�[ii] The average cost of a data breach is $3.9 million according to IBM.[iii] While it may be tempting to think that only large multinationals are the targets of these attacks, 43 percent of breach victims were small or medium-sized businesses.[iv]

What Can be Done?

As with other industries, identity theft, fraud and other crimes are increasing throughout the insurance and financial services sectors. Still, there are numerous actions you can take to better safeguard your data.

A great first step is to purchase high-quality anti-virus software and install it across your devices. It is essential to purchase one from a well-known and trusted provider, and to have it consistently run scans on any machine that may be vulnerable.

You should diligently update both your operating systems (Mac/IOS, Windows, Android, etc.) and internet browsers (Internet Explorer, Google Chrome, Firefox, Safari and Microsoft Edge). Not only do these updates patch security holes, but they also better protect your data and offer enhanced features that can make your work life easier and more enjoyable.  

When safeguarding your devices through the previous steps, it is always a good idea to back up your data and store it on an external hard drive where it will be retrievable in the future. By taking this precaution, you will ensure that you do not lose access to your most valuable data even if you are unlucky enough to experience a malware attack and have to consult a professional to repair your device.

Avoiding Phishing Scams and Ensuring Safe Title Transactions

One of the most common threats that occur during real estate transactions is a phishing scam, where criminals seek to gain access to nonpublic personal information (NPI), place malicious code on your device or convince you to change wiring instructions. To protect yourself from these scams, agents should be mindful of the following warning signs within a suspicious email:

• Poor spelling, grammar and generic greetings
• Requests for personal information
• An unusual sense of urgency
• Instructions to change wiring information
• Questionable-looking attachments or links that encourage a click.

Additionally, agents can reduce risk by transmitting data through encryption, using two-factor email authentications, maintaining a contact log for all transaction participants, eliminating the need for urgency and performing a risk assessment to identify security gaps.

Commit to Safety

Considering the fiduciary responsibilities that title agents possess, data security is of the utmost importance. Of course, no system is foolproof, but by knowing the risks and taking necessary precautions, agents can make significant progress toward protecting the integrity of their clients鈥� transactions.

[i] 

[ii] 

[iii] 

[iv] Ibid

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