Article by Anna Marie Sossong *ALERT from Financial Crimes Enforcement Network: 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.* For many years, the Financial Crimes … Continue reading The FinCEN Residential Real Estate Reporting Obligation
Article by Michael Holden In November, the Ohio state legislature passed Senate Bill 155, promulgating regulations on real estate wholesaling in an effort to address lack of transparency and predatory practices against vulnerable homeowners in this emerging trend. Real estate wholesaling is considered an entry level “investment strategy,” where a wholesaler identifies likely targets, usually … Continue reading New State Laws Seek to Address Lack of Transparency in Real Estate Wholesaling
Article & permission to reprint by James L. Windsor, Kaufman & Canoles, P.C. In July of 2025, the Court of Appeals of Virginia issued a significant 24-page opinion in David Tidwell, et al. v. Kenneth. M Goldsmith, et al., Record No. 0629-24-1 and Record No. 0666-24-1, in consolidated cases concerning the ownership and use of certain easements. In … Continue reading Title Insurance Client Alert – Important Court of Appeals of Virginia Opinion Concerning the Ownership and Use of Certain Easements
Article by James Pickral On October 23rd VLTA held its first Legislative Breakfast and Roundtable during the 2025 VLTA Convention. The breakfast was well attended by association members and we were fortunate to have a wide array of related industry representation on our legislative panel. Panel members included Delegate Marcus Simon, Delegate Carrie Coyner, and representatives from the … Continue reading VLTA 2026 General Assembly Preview
Article by Hayden-Anne Breedlove When a buyer, lender, or settlement agent asks, “Do we really need a survey?”, they’re rarely thinking about the downstream risks. Yet for Virginia title professionals, surveys are one of the most powerful tools for uncovering problems before they turn into litigation, coverage claims, or unmarketable title.The American Land Title Association … Continue reading Why ALTA®/NSPS Surveys Matter in Virginia Residential Real Estate Transactions
Article by by Kevin T. Pogoda, Esq. The rule of idem sonans (Latin for “sounding the same”) can be traced back to the 1851 English common law case of R v. Davis,[1] which provided: If two names spelt differently necessarily sound alike, the court may, as matter of law, pronounce them to be idem sonantia; … Continue reading Idem Sonans
Article by Taylor Hubbard, VLTA Staff Every member of the Virginia Land Title Association plays a vital role in the legislative success of our organization. Grassroots advocacy is one of the most effective tools we have, and at the state level it can make a significant impact. The VLTA Legislative Committee meets monthly throughout the … Continue reading The Power of Grassroots
ALTA Files Amicus Brief Supporting Fidelity’s Challenge to Rule Article by Jeremy Yohe with ALTA FinCEN’s final rule requiring certain industry professionals to report information to the agency about non-financed transfers of residential real estate to a legal entity or trust will have a significant financial and process impact on title and settlement companies. The rule, which … Continue reading Title and Settlement Companies Face Substantial Cost to Comply With FinCEN’s AML Real Estate Rule
Article by By Laura A. Wakefield Introduction Across Virginia, localities are grappling with vacant, abandoned, and blighted properties that threaten neighborhood stability and public safety. Two legal tools have emerged as particularly important in addressing these challenges: land banks and the receivership statute. Each has a distinct role, but together they form a powerful framework … Continue reading Virginia Land Banks & The Receivership Statute: How They Work Together to Address Blight
EACH VOICE COUNTS The Virginia Land Title Association (VLTA) is thrilled to announce our Annual Convention, taking place October 23-24, 2025, at the Hilton Short Pump in Richmond, Virginia. This year’s convention promises dynamic education sessions, powerful networking opportunities, and plenty of fun as we come together to celebrate the people and progress of our industry. Whether you’re a … Continue reading Virginia Land Title Association 2025 Annual Convention
Article by Carol Frye Escheatment is often overlooked by title companies, yet it serves several critical purposes: Legal Compliance and Avoiding Penalties Failure to comply with Virginia’s escheatment laws can result in significant penalties. Under Virginia Code 55.1-2528, entities that fail to file an unclaimed property report or to submit abandoned assets on time may … Continue reading Why Escheatment Matters
Article by Kevin Pogoda. This is part two of "FIRPTA: In a Nutshell - Part One". Determining tax liability based on capital contribution is well beyond the expertise of the purchaser (who is liable for such withholding) or the settlement agent acting on the purchaser’s behalf. Other options to consider: (1) sending the full amount of … Continue reading FIRPTA: In a Nutshell – Part Two
Article by R. Michael Smith This is the second installment of a two-part article that is an expansion of the materials included in the VLTA seminar, The Sound and the Fury: Railroads, Rights-of-Way, and Revesting, and a 2017 Examiner article, Derailed by the Supreme Court. Some sections have remained the same, other sections have been … Continue reading Issues Involving Railroad Rights-of-Way in Virginia (Mostly) – Part Two
Article by Julie Ann Rutledge “Information is not knowledge. The only source of knowledge is experience. You need experience to gain wisdom.” Albert Einstein This quote described my reality upon graduation from University with a BSW, many moons ago. The excitement of graduation was quickly squashed by the lack of available jobs in my field. All … Continue reading Testifying as an Expert Witness as a Title Examiner
Article by Jon W. Brodegard I. Introduction and Background At its broadest, ownership of or title to land means the right to use or develop, to exclude others from, and to otherwise control everything within the cubic space located not only below and upon, but also above a defined area located on the surface of … Continue reading Some Air Rights Considerations in Virginia
Reprinted with permission from the Virginia State Bar In 2001, I wrote an article for the Virginia Land Title Association (VLTA) Examiner simply entitled Equitable Subrogation in Virginia. The article appeared in Volume 7, Number 1, of the VLTA Examiner. Twenty-three years later, this is the sequel. Occasionally, lenders who believe they are secured by … Continue reading EQUITABLE SUBROGATION IN VIRGINIA: THE SEQUEL
In plain English, the Foreign Investment in Real Property Tax Act (FIRPTA) requires foreign persons (transferors) to pay U.S. income tax on gains they make from selling U.S. real estate. FIRPTA puts the burden on the purchaser (transferee) to withhold 15% of the contract sales price if the seller is a foreign person—unless one of … Continue reading FIRPTA: In a Nutshell – Part One
