Article by R. Michael Smith Correction from the author: George Mason did not teach Thomas Jefferson at William & Mary. William Small was his principal instructor. Jefferson and Mason were contemporaries who participated at the same time with Virginia's Committee of Correspondence. My stepson, a graduate of George Mason University, spotted my error. I thank … Continue reading Did Thomas Jefferson Believe in a Right to Property?
Article by Jerry C. Booth, Jr., Virginia & West Virginia Underwriting Counsel, The Fidelity National Financial Family of Companies 1. Background Virginia Code §58.1-3975 provides Virginia localities with an optional, nonjudicial foreclosure process to sell certain properties without the necessity of the time and expense associated with filing a lawsuit. In most cases, these are … Continue reading NON-JUDICIAL TAX SALES PURSUANT TO VIRGINIA CODE § 58.1-3975
Article by Juanita M. Little-Lyons, Technical Advisory Committee Chair, Virginia Association of Notaries (VAN) Over the last decade, deed fraud (fraudulently stolen real estate) has increased nationwide, resulting in millions of dollars of loss for property owners. Prior to the 2025_26 Virginia General Assembly, the Virginia Housing Development Authority was granted authority to research the … Continue reading New Virginia Notary & Settlement Agent Requirements (2026-2027)
Article by James Pickral The 2026 session of the Virginia General Assembly convened on January 14th and adjourned on March 14th. The Commonwealth’s first female Governor was elected in November of 2025 giving Democrats control of both the Executive and Legislative branches of government. The Session and its aftermath were, and continue to be, rocky. … Continue reading VLTA 2026 Virginia General Assembly Legislative Wrap-up
Article by Jeremy Yohe More than 250 title professionals came to Washington, D.C., for ALTA Advocacy Summit in May, setting an attendance record and signaling the industry’s growing commitment to advocacy. The turnout reflected how directly policy decisions in Washington affect title and settlement companies, consumers and the real estate market. Over several days, attendees … Continue reading Advocacy in Action
Article by James Gosdin Welcome to the first installment of the 3-part series exploring the 150th Anniversary of Title Insurance. An essential characteristic of title insurance, and one that was critical to its growth, is strict liability. The Insured is not required to establish that the title insurer was negligent in its own examination in … Continue reading What Is Title Insurance on Its 150TH Anniversary?
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
