Interest rates

The inflation rate, which had been on a decline from its COVID-induced peak in mid-2022, has now reversed course, steadily increasing from 2.3% in early 2025 to its current rate of 4.2%.

FOMC rate cuts 鈥� three in 2025 鈥� that were key to dialing back mortgage rates are now frozen in place as economists keep a watchful eye on rising inflation.

On June 17, newly appointed Federal Reserve Chair a unanimous decision to maintain the target range for the federal funds rate at 3-1/2 to 3-3/4%, noting, 鈥淚nflation remains elevated relative to the Committee’s 2% goal, in part reflecting supply shocks that have driven price increases in certain sectors, including energy.鈥�

In anticipating the FOMC鈥檚 June decision, Jeff Taylor, a board member for the Mortgage Bankers Association and founder of Mphasis Digital Risk, told in late May that homeowners and buyers should expect mortgage rates to remain in the mid-to-upper 6% range throughout 2026, with potential for rates to move into the 7% range if the Iran conflict is protracted. 鈥淭his conflict has caused inflation, which causes investors to sell mortgage bonds, which pushes rates higher,鈥� he said.

Shandor Whitcher, an economist with Moody’s Analytics, concurred with Taylor鈥檚 outlook during an on June 17. 鈥淚n terms of treasuries, we expect the 10-year to remain elevated due to fiscal policy and the overall inflationary environment. At most, we may see modest declines of a few basis points in the 30-year fixed rate mortgages, but overall rates will remain above 6% for the foreseeable future and are more or less where they are going to be through the end of the decade.鈥�

Global economic concerns

Even as real estate professionals keep their eye on what is happening in Washington, the global economy is also an important consideration, as international conflicts have a trickle-down effect on the U.S. economy and hence the real estate market as well.

The World Economic Forum鈥檚 noted that the U.S. continues to trail global growth, with World Output reaching 3.4% in 2025, while the U.S. reported 2.1% GDP growth. The U.S. is anticipated to trail again in 2026 and 2027 at 2.3% and 2.1% respectively, with global growth projected at 3.1% and 3.2%, respectively.

JPMorgan Chase & Co. came to similar conclusions in its , projecting modest growth of 2.1% to 2.3%, softened by higher energy prices and geopolitical developments. On the upside, steady labor markets and tech investment are expected to keep the overall economy on an even keel.

Beyond the obvious economic drivers, world economists are now focused on more concerning developments 鈥� headlined under the unexpected consequences category 鈥�  and that is the long-term effect on world food production as well as the inflationary consequences of higher food prices triggered by the closing of the Strait of Hormuz.

In its May 28 article, , Chief Economist Maximo Torero of the Food and Agriculture Organization of the United Nations (FAO) noted that the blockade has severely disrupted global fertilizer supply chains just as planting seasons advance across both hemispheres.

鈥淎s farmers face urea fertilizer price increases of 20% to 60%, on top of rising fuel, transport, and irrigation costs, the greatest risk is not immediate food shortages but rather cascading shocks that reduce future food production,鈥� Torero explained. 鈥淚t begins with energy-price spikes and logistics disruptions, followed by fertilizer shortages, then lower yields, with delayed transmission effects eventually leading to higher food prices and market volatility months later.鈥�

In the World Economic Forum鈥檚 May 2026 , 94% of surveyed chief economists were anticipating higher global inflation in the coming year.

鈥淓nergy and food prices are identified as primary drivers, with supply shocks projected to have lasting effects,鈥� the WEF noted in the executive summary. 鈥淲hile 58% of respondents do not see a global recession as imminent, there are limited expectations of increased economic resilience in the short term.鈥�

Resilience and stability

On the positive side, economic activity in the U.S. continues at a solid pace, prompting the labor market to add 172,000 jobs in May 鈥� exceeding economists’ expectations.

Stability in the job market is always a good indicator for steady home sales, and as volatility eases 鈥� should the Iran conflict resolve 鈥� there is anticipation that sales could improve through the summer.

鈥淪tronger employment momentum has helped existing home sales reach a five-month high,鈥� said Sam Khater, Freddie Mac鈥檚 chief economist, in a . 鈥淚mportantly, we’re seeing homebuyers look past the short-term rate fluctuations and actively enter the market, signaling renewed confidence in homeownership opportunities.鈥�

Although the market faces plenty of headwinds and affordability continues to keep potential buyers out of the market, the housing market is considered by some to be in a normal phase, with home prices growing at a more manageable pace and supply becoming far steadier, bringing a market long considered a sellers鈥� market back into balance.

One sign of this balance 鈥� one that favors homebuyers 鈥� is the growing incidence of seller concessions. In addition to a greater incidence of outright price cuts, sellers are more likely to assist the buyer with closing costs or may offer financial credits instead of completing requested home repairs.

Final note

Although muted, the housing market is exhibiting signs of strength, with home prices remaining steady, foreclosures proceeding at a very modest pace, and income growth offering hope for potential purchase activity in the future.

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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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Recent developments surrounding FinCEN鈥檚 Real Estate Reporting Rule (Rule) are creating uncertainty for title and settlement agents. Two federal courts have issued directly conflicting decisions on the validity of the Rule, resulting in an unusual and rapidly evolving regulatory environment. FinCEN has also spoken on the matter. The following provides an overview of what this means for title and settlement agents.

What Just Happened?

To understand the implications of this situation, it is helpful to revisit the Rule itself. FinCEN originally created the Rule to require reporting of certain information regarding parties and bank accounts involved in non-financed purchases of residential real property by entities or trusts. A Florida court said the Rule is valid and placed no limits on the Department鈥檚 ability to act. However, a Texas court said that FinCEN lacked the authority to create such a Rule and threw it out.

Recognizing the confusion that two conflicting decisions and their outcomes signify, FinCEN promptly posted an alert to its :

In light of a federal court decision, reporting persons are not currently required to file real estate reports with FinCEN and are not subject to liability if they fail to do so while the order remains in force.

The Disagreement

In the Florida federal district court鈥檚 view, the government needs flexibility to fight money laundering. If certain types of transactions are risky, the court reasoned, it is permissible to require reporting broadly. The Texas court took a narrower view, holding that the Rule improperly applied suspicion to all transactions rather than targeting specific high-risk activity. These differing interpretations reflect fundamentally different views of the scope of federal regulatory authority.

From an operational standpoint, it鈥檚 important to note that the Texas court did not just block the Rule鈥攊t wholly invalidated it (for now). Title and settlement agents are not required to report under the Rule at present. This situation may change, however, so continued monitoring is crucial.

FinCEN is expected to appeal the Texas decision to a federal appellate court, while the Florida case may also proceed through the appellate process. As part of this process, FinCEN may seek a stay of the Texas ruling. If a stay is granted, the Rule could be reinstated with little or no advance notice, immediately reimposing data collection and reporting obligations on industry participants. Should the appellate courts disagree, this dispute over the Rule could be headed to the U.S. Supreme Court.

Exploring Options

In the interim, title and settlement agents must determine how to approach compliance in a period where the Rule is not currently enforceable but may return with limited notice.

Some organizations have elected to continue collecting the information required under the Rule in order to maintain operational continuity and avoid the risk of scrambling to comply if the Rule is reinstated. This approach can reduce the likelihood of retroactive challenges and preserve established workflows, but it also introduces additional administrative burden and may create friction with customers who question the necessity of providing sensitive information.

Other organizations have chosen to suspend data collection activities until there is greater legal clarity. This approach aligns with the current regulatory posture, eliminates unnecessary work, and avoids the collection of sensitive data in the absence of a clear federal mandate. However, it carries the risk of requiring rapid operational adjustments if the Rule is reinstated with limited notice.

A third approach has emerged as a practical middle ground. Under this model, organizations maintain readiness by preserving internal processes, continuing staff training, and retaining necessary forms and workflows, while refraining from actively collecting data unless and until the Rule is reinstated. This approach balances preparedness with operational efficiency during a period of uncertainty.

As if this wasn鈥檛 confusing enough, I should note that additional outcomes are also possible. For instance, it is possible that FinCEN may revise the Rule in response to the Texas court鈥檚 concerns if the agency does not prevail on appeal. Future implementation timelines may also change, potentially including new deadlines, phased rollouts, or substantive modifications. However, at present, there is no reporting obligation for past transactions, and retroactive reporting requirements are considered unlikely.

What to Do in the Meantime

In communications with customers, real estate professionals, and attorneys, a clear and consistent message is advisable: the Rule is not currently in effect due to a federal court decision, and organizations are actively monitoring developments and will adjust their processes if reporting requirements are reinstated.

While the current situation reflects a degree of legal uncertainty, it also provides a window of opportunity. Title and settlement agents are not required to comply with the Rule at this time and can use this period to evaluate processes, prepare for potential changes, and ensure that they are positioned to respond effectively as the regulatory landscape evolves. Importantly, it is comforting to remember that the industry, as a whole, is all in the same boat.

Final Thought

While the current landscape is indeed uncertain, these developments reflect the legal system functioning as intended, with courts examining the limits of regulatory authority and evaluating the policy considerations underlying the Rule. As this process continues through the appellate system, it will ultimately provide greater clarity on the scope and enforceability of federal reporting requirements in real estate transactions. In the meantime, agents should remain informed by monitoring FinCEN鈥檚 Residential Real Estate Rule webpage for updates: . Your 星空传媒 星空传媒 underwriting is also available to address questions or concerns as the situation develops.

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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 Adam Mohrbacher

Longmont, CO 鈥� (March 18, 2026) 鈥� 星空传媒, the title insurer that is uniquely responsive to the needs of independent agents, is pleased to announce that Kathy Long has joined its team as 星空传媒 Commercial Title Examiner.

Long鈥檚 career in title insurance can be traced back to 1987, when she began working for a Florida-based title company as a customer service clerk. From there, she held various roles at a leading national title insurance and settlement services company, including policy typist, residential and commercial examiner for direct and agent offices. In the years that followed, she became a production supervisor and was responsible for establishing all processes, procedures and staff necessary to support the company鈥檚 Tampa Bay-area agents.

In 2012, Long pursued a new opportunity at another leading title company. While there, she focused on complex commercial transactions and became proficient in building strong, mutually beneficial relationships with large law firms. She received stellar mentorship in this position, and after six years, earned the title of Commercial Underwriter 鈥� Transaction Specialist.

Now at 星空传媒 星空传媒, Long will apply her expertise, honed over the decades, to help the underwriter鈥檚 agents manage challenging, complicated commercial transactions and close with confidence. She also looks forward to mentoring and teaching others about the intricacies of commercial title examination.

鈥淐ommercial transactions include their own unique challenges, and 星空传媒 星空传媒鈥檚 stellar agents must ensure that no undisclosed liens, easements or other defects could mar the title and negatively impact their customers鈥� investments,鈥� said Brian Osburn, VP, 星空传媒 星空传媒 Commercial Services. 鈥淜athy鈥檚 hiring reflects our iron-clad commitment to helping our agents achieve that goal, navigate dense commercial transactions with ease, and see positive business growth as a result.鈥�

Long expressed similar sentiments about her hiring, noting 星空传媒 星空传媒鈥檚 history of excellence and relentless dedication to agent success. 鈥淚鈥檓 most looking forward to joining 星空传媒 星空传媒鈥檚 commercial services team because they are, quite simply, the best of the best,鈥� she said. 鈥淭he title issues we run into in this space can be quite involved. As Steve Jobs once said, 鈥楪reat things in business are never done by one person. They鈥檙e done by a team of people.鈥� Well, Sam Sobering and Brian Osburn are assembling an elite team here at 星空传媒 星空传媒. And we are all working together towards a common goal of creating seamless commercial transactions for our agents. I love the work that I do, and getting to do it alongside a team like this is a dream come true.鈥�

Long lives in the Tampa Bay area with her family.

Media Inquiries

Adam Mohrbacher
Clockwork Public Relations
e: amohrbacher@clockworkpr.net 
p: 651.587.4792

About 星空传媒

星空传媒 星空传媒 is on a mission to empower independent agents while protecting property owners with secure title insurance. The company partners with its agents and never competes against them with direct or affiliate operations. 星空传媒 星空传媒 serves thousands of title professionals as a licensed underwriter in 32 states and the District of Columbia.

Visit alliantnational.com for additional information and follow 星空传媒 星空传媒 on  and  for the latest company updates.

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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.  

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[ii]

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By Adam Mohrbacher

For most homeowners, a deed represents safety, stability, and legacy. Deed fraud turns that certainty upside down. With just a handful of fraudulent filings, criminals can trigger months鈥攕ometimes years鈥攐f financial and legal turmoil for unsuspecting owners. This crime is growing rapidly and poses a serious threat to the real estate and title industries, often leaving lasting damage in its wake. 鈥淒eed fraud is a very real threat,鈥� said Rodney Anderson, EVP and 星空传媒 Agency Manager at 星空传媒 星空传媒. 鈥淚t鈥檚 about someone鈥檚 home, their family鈥檚 legacy, and sometimes their entire life鈥檚 savings. That鈥檚 why the legislation recently passed by the Texas Legislature鈥攕haped with critical input from organizations like the Texas Land Title Association (TLTA)鈥攊s so important.鈥�

Anderson is referring in part to Senate Bill 16 (SB 16), which significantly strengthens prosecutors鈥� ability to pursue deed fraud cases. SB 16 is a cornerstone of a broader legislative package designed to attack deed fraud from multiple angles. Led by State Senator Royce West, the effort positions Texas as a national leader in confronting this urgent and complex issue. 鈥淭ogether, these bills create the strongest state-level protections against deed fraud and title theft anywhere in the country,鈥� Senator West said upon their signing.

An Easy Crime with Devastating Consequences

Legislative action was necessary because deed fraud is not only destructive. It is also often disturbingly easy to commit. One scheme fraudsters use involves falsified documents transferring ownership into their name or an entity they control. They frequently target raw land, vacant properties, and deceased or elderly property owners. Once the fraudulent conveyance is recorded, they 鈥渟ell鈥� the property, disappearing long before the real owner realizes the damage that has been done.

This scheme and others like it succeed by exploiting weaknesses in document notarization and recording processes, as well as challenges within the legal system. While Texas law already required notaries to verify signatures, inconsistent compliance and limited accountability left openings for fraud and abuse. County clerks, meanwhile, are tasked with processing documents efficiently, not investigating their authenticity. In many cases, victims don鈥檛 discover fraud until they try to legitimately sell or refinance their property. And even then, the ordeal is far from over. 鈥淭he cleanup process can be brutal,鈥� Anderson explained. 鈥淧roving a deed is fraudulent usually requires formal legal action, and that process is expensive and time-consuming.鈥�

Historically, prosecutors have been hesitant to pursue these cases criminally, not due to lack of concern, but like most states, Texas lacked statutes tailored specifically to deed fraud. Prosecutors were forced to rely on general theft statutes, attempting to fit complex title crimes into legal arguments that simply weren鈥檛 designed for this kind of crime.

A Comprehensive Legislative Response

The Texas Legislature addressed these gaps with a four-bill package that reforms the system holistically. The measures strengthen prevention, improve detection, empower victims, and equip prosecutors with felony statutes that reflect deed fraud鈥檚 complex reality.

Key provisions include:

• Senate Bill 16

Creates two new criminal offenses specifically addressing real property theft and real property fraud, giving prosecutors statutes that align with how deed fraud schemes operate. 鈥淭hese laws send a clear message that Texas is serious about detecting, prosecuting, and deterring deed fraud,鈥� said Anderson. 鈥淭hey won鈥檛 stop every bad actor, but they make fraud harder to commit, easier to detect, and faster to unwind without overburdening legitimate transactions.鈥�

• Senate Bill 647

Requires county clerks to notify the grantor, grantee, and most recent property owner if a lien appears fraudulent. It also allows clerks to request supporting documentation, seek district attorney assistance, and refuse filing if certain documentation is not provided.

• Senate Bill 693

Targets notary reform by criminalizing notarization without a signer鈥檚 presence and establishing continuing education requirements through the Secretary of State. The goal is to raise professional standards and accountability among notaries.

• Senate Bill 1734

Allows property owners who believe a recorded conveyance is fraudulent to file an owner鈥檚 affidavit. If no controverting affidavit is filed, the owner may petition for district court for an expedited review.

The Power of Collaboration

This legislative success underscores the power of collaboration. It was made possible by lawmakers, regulators, law enforcement, county officials, and industry leaders working toward a shared goal. Senator West led the charge, with key contributions from State Representative Rafael Anchia in the Texas House. Coordination with the County Clerk鈥檚 Association, the Dallas District Attorney鈥檚 office, and John Warren, the Dallas County Clerk, was critical along with input from the Texas Land Title Association. 鈥淭LTA鈥檚 advocacy on this issue demonstrated exactly why all Texas title agents should be a member of the association,鈥� said Anderson, a former legislator, past TLTA president and current committee chair. 鈥淭LTA Vice President of Government Relations and Counsel, Aaron Day, led the advocacy efforts with substantial input from both the Regulatory and Legislative Committees, and with approval from the TLTA Board of Directors.鈥�

A Model for the Nation

The Texas deed fraud package represents a meaningful victory for property owners and the real estate industry alike. It strengthens notary standards, supports county clerks, empowers victims, and gives prosecutors the tools they need to pursue justice. Just as importantly, it offers a roadmap that other states can follow. 鈥淭his legislation should be used as a model throughout the country,鈥� Anderson said. 鈥淟and title associations can partner with lawmakers, prosecutors, and public officials to reduce deed fraud. No law is perfect, but if collaboration leads to legislation that protects families鈥攐r helps owners reclaim property faster鈥攖hen it鈥檚 absolutely worth the effort.鈥�

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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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Planning ahead is second nature in the title world鈥攜ou juggle deadlines, details, and documents every day. But when it comes to new compliance rules, a little extra structure can make all the difference. That鈥檚 why we鈥檝e put together a host of resources, including a step-by-step project plan to help title agents prepare for the Residential Real Estate Rule, expected to take effect on December 1, 2025.

This plan is designed to keep things simple. Instead of re-inventing the wheel, it walks you through what to do week by week, with plenty of shortcuts (like suggested vetting questions to ask vendors) so you can stay focused on your closings.

Here鈥檚 a quick look at what the plan covers:

• Week 1鈥�2: Get familiar with the rule, assign a compliance lead, and choose your tools (forms or vendor).
• Week 3鈥�4: Vet vendors (if you鈥檙e going that route), decide who files reports, and build in checks so nothing falls through the cracks.
• Week 5鈥�6: Train your team, run a couple of test files, and see how your process really works in practice.
• Week 7鈥�8: Fine-tune, double-check your system, and go live鈥攃onfident that every file is handled the right way.

The plan also includes a one-page daily checklist that makes it easy for staff to follow along. From the moment a file opens to the moment the report is submitted, the checklist spells out what needs to happen so everyone is on the same page.

Think of it as a roadmap for compliance: clear, practical, and (dare we say) less overwhelming than it sounds. By starting now, you鈥檒l avoid the stress of last-minute changes and be fully prepared to hit the ground running on December 1.

Download the full project plan today and give your team a great head start!

That鈥檚 not all!

星空传媒 星空传媒 is also hosting a live webinar on October 2 at 1 pm ET to help agents prepare for the final rule. You can register for the live webinar . Webinar recordings will be available in early October.

鈥�.And, we鈥檝e built a dedicated RRER Resource Page with in-depth guidance, definitions, exemptions, and tools to help you understand and implement the new reporting requirements. You can explore it here: /rrer/

Of course, if you have additional questions, please reach out to your 星空传媒 星空传媒 State Underwriting Team. We鈥檙e always happy to help!

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Congress is entertaining several proposals this year to modify current capital gains tax regulations on the sale of homes, and the real estate industry is championing the proposals, hoping more generous exemptions will encourage long-term owners to put their homes on the market.

But would such a change in the law be enough to move the needle? To explore that question, we鈥檒l consider the current capital gains structure, and the proposals under consideration.

How current capital gains are assessed

The Taxpayer Relief Act of 1997 set the current exemption levels for the sale of a primary residence, which allows a sole owner to exclude up to $250,000 in capital gains and a married couple filing jointly to exclude up to $500,000 from their tax liability.

These gains can be reduced by showing proof of capital upgrades, which include new additions, garages or porches; new roof, siding, driveway or deck; energy efficient upgrades such as insulation, solar or siding; and replacing major systems such as furnace, central air, electrical or plumbing systems.

What was not included in the original legislation was any consideration for inflation. Realtor.com estimates that in the nearly 30 years since the law was passed,

Proposed legislation

There have been three bills introduced in 2025 to address the outdated capital gains tax threshold:

The More Homes on the Market Act of 2025 (H.R.1340)

Introduced in February, the bill would increase the exclusion for capital gains for sole owners from $250,000 to $500,000 and for couples from $500,000 to $1,000,000. The bill also includes a provision that would adjust these numbers over time for inflation. This bipartisan bill may have the best chance of passing, and proponents believe it could have an impact not only on the current availability of homes for sale but also ensure future supply.

Capital Gains Inflation Relief Act of 2025 (S. 798)

Also introduced in February, the bill would index capital gains to inflation, and while the bill is broad in its reach, it does include the sale of property and so would provide some relief to home sellers. This bill is complicated, however, because it impacts such a wide swath of capital gains taxes and is likely to lag in Congress, promising no quick fix for the housing market.

No Tax on Home Sales Act

Introduced in August, this bill would eliminate capital gains entirely on the sale of all primary residences. The downside is that it would cost the federal government billions in lost revenue, which would likely need to be offset by higher taxes elsewhere.

Who benefits?

Assessing the market impact of these proposals also requires asking how widely the effects would be felt among homeowners, and whether the number is large enough to meaningfully shift housing supply. To understand who would benefit from any adjustment to the capital gains tax, it鈥檚 important to look at the sectors of homeowners who have accrued capital gains that exceed the current thresholds.

It is estimated that about 25% of current homeowners 鈥� sole and couple ownership 鈥� have realized a $250,000+ gain since purchasing their home. According to the 星空传媒 Association of Realtors, approximately 38% of homeowners are single owners, so only that percentage of current homeowners would be subject to the $250,000 threshold. Approximately 8% have realized a gain exceeding $500,000.

Given the benefit accrued to married couples, this calculates out to approximately 10% of current homeowners who would actually have a capital gains burden if selling their home under the current regime.

A recent estimate prepared by seemed to concur with these numbers, estimating that only 10.3% of homeowners are above the current exception. The report indicated that those who would benefit would be wealthier, higher-income and older on average, noting that the average net worth of those homeowners is $5.7 million, their average income is $431,000, and the average age is 64.

came to a similar conclusion, noting that the median value of homes that have gained $500,000 is approximately $1.3 million, while the median home value for those homes that have gained $250,000 is $720,000, indicating that those most impacted by the current rates are also among the wealthiest homeowners.

Homeowners on the East and West Coasts, where home values have climbed most rapidly over the past several decades, are also more likely to benefit.

California, Hawaii, Massachusetts, Washington, New Jersey, Rhode Island, New Hampshire, Utah, Idaho and Colorado are the states with the highest share of homes above capital gains thresholds. States in the heartland report negligible numbers exceeding the gains threshold, including Kentucky, Indiana, Nebraska, Louisiana, West Virginia, Wyoming, Oklahoma, Iowa, North Dakota and Mississippi.

How a higher threshold (or no threshold) benefits the real estate market

While there appears to be agreement that the current thresholds are outdated, and likely to penalize long-time elderly homeowners, particularly those who have been widowed, there is less of an understanding of how effective the legislation will be at releasing more homes into the market 鈥� a major concern for the real estate industry.

Although the current inventory of homes for sale is in the 4.6-month range, that inventory could be gobbled up very quickly if the Federal Reserve continues to dial back rates and homebuyers who have sat on the sidelines head back into the market in greater numbers.

From a long-term perspective, raising the threshold seems imperative, as more homeowners will cross that threshold in the coming years if the adjustment is not made, incentivizing a larger number of long-term owners to stay put.

that found:

• By 2030, 56% of homeowners (47 million) are projected to exceed the $250K threshold鈥� and nearly 23% (20 million) could surpass $500K.
• By 2035, nearly 70% (59 million) could surpass $250K and 38% exceed $500K cap.
• Eight states could have more than 40% of owners above the $500K cap by 2030; 20 states by 2035.

However, if the change reaches only 10% of current homeowners, most in higher-income tiers, its effect may be modest. Raising the exclusion might release some upper-tier homes, but it may not resolve the fundamental shortage of affordable housing for lower- and middle-income consumers.

Potential homebuyers may still be on the sidelines in 2026 if the shortage of affordable housing is not addressed in a more meaningful way 鈥� with the industry working alongside national, state, and local governments, as well as community and charitable organizations.

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