vltaexaminer Columns, Cybersecurity, Featured, Underwriting

The Claims Corner: Fraud in the Modern Real Estate Transaction and Lessons From Recent Claims

By Hayden-Anne Breedlove, CounselOld Republic National Title Insurance Company Fraud has rapidly evolved into one of the most significant sources of title insurance claims, particularly as real estate transactions increasingly rely on electronic communication, remote closings, and digital documentation. Schemes that once occurred sporadically are now routine, sophisticated, and alarmingly effective. I. False Owners and … Continue reading The Claims Corner: Fraud in the Modern Real Estate Transaction and Lessons From Recent Claims

vltaexaminer Education, Games, Members, Uncategorized, Underwriting

A History of the Anal Retentive Title Underwriter (ARTU)

The Anal Retentive Title Underwriter (ARTU) was the brainchild of Claire Kennett, the first Editor-in-Chief to succeed Bill Johnston, and the idea was born during the GALA Celebration at the 2011 VLTA Convention at the Jefferson Hotel in Richmond when Tim Akers became President. Historically, ARTU was presented from the perspective of an Underwriter, and the format … Continue reading A History of the Anal Retentive Title Underwriter (ARTU)

vltaexaminer Featured, Uncategorized, Underwriting

The Use of Trusts in Real Estate Transactions

Article by Stephanie Armstrong, Esq.Senior Underwriting Counsel, First American Title Insurance Company Introduction Trusts play a vital role in modern real estate transactions and estate planning. They offer privacy, flexibility, and significant procedural advantages—particularly in avoiding probate and managing complex ownership structures. This article examines the legal foundations of Trusts under Virginia law, their practical … Continue reading The Use of Trusts in Real Estate Transactions

vltaexaminer Featured, Title Examination, Uncategorized, Underwriting

Guide to Judicial Tax Sales For Examiners & Underwriters in Virginia

Article by Jerry C. Booth, Jr. I. Introduction A judicial tax sale is a legal process used to collect delinquent real estate taxes by selling the property through a proceeding in the local circuit court. The procedure is governed by Article 4 of Chapter 39, Title 58.1, et. seq, of the Code of Virginia.  The … Continue reading Guide to Judicial Tax Sales For Examiners & Underwriters in Virginia

vltaexaminer Featured, Legislative, Record Room, Settlements, Underwriting

Why ALTA®/NSPS Surveys Matter in Virginia Residential Real Estate Transactions

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

vltaexaminer Featured, Members, Record Room, Uncategorized, Underwriting

The Claims Corner: Will You Please Let Me Pay You?

Article by Michael Chang The title of this article is not something any of us find ourselves saying very often. Most people do not ignore people who are trying to pay them or refuse payment when it is offered. Indeed, it is perplexing and confounding when someone who is owed money is offered full payment … Continue reading The Claims Corner: Will You Please Let Me Pay You?

vltaexaminer Human Resources, Members, Settlements, Uncategorized, Underwriting

The Claims Corner: Understanding The Claims Process

“Claim” is not a welcome word within the lexicon of a title office. Without claims, there would be no need for title insurance, yet a claim is something that every title office seeks to avoid, is often panicked to learn about and is loath to admit has occurred. It generally arrives at an inconvenient time … Continue reading The Claims Corner: Understanding The Claims Process

vltaexaminer Cybersecurity, Settlements, Uncategorized, Underwriting

The Claims Corner: Wire Fraud and Property Theft Claims, and the Insurance Responses

We do love our Realtors, and they are a vibrant and important part of the transfer of property from one party to another. However, a pattern arises in the outlines below, that many of these fraudulent situations are the result of the realtors being involved in the financial part of the transactions. The additional risk … Continue reading The Claims Corner: Wire Fraud and Property Theft Claims, and the Insurance Responses

vltaexaminer In the News, Members, Record Room, Settlements, Uncategorized, Underwriting

The Origin of the “Claims Corner”

I was asked to submit a story about how the Claims Corner series began. For much of my career in the title insurance industry, first employed as a title examiner trainee at my father’s law firm in Alexandria, VA in 1971, to becoming a title insurance agent in 1976, and then an underwriter and employee … Continue reading The Origin of the “Claims Corner”

vltaexaminer Legislative, Record Room, Settlements, Title Examination, Uncategorized, Underwriting

WHEN MARRIAGE MATTERS – Part 2: Various Ways Marital Status Can Affect Title

Read WHEN MARRIAGE MATTERS – Part 1 here. Take the VLTA online course, “When Marriage Matters”, on-demand here: https://www.pathlms.com/vlta/courses/69081 (1-hour of CE, CLE and CCE credits). Conveyances and Creditors Moving beyond the advantages and exceptions to survivorship, all the remaining advantages to a tenancy by the entirety are rooted in the concept of one flesh.  … Continue reading WHEN MARRIAGE MATTERS – Part 2: Various Ways Marital Status Can Affect Title

vltaexaminer Education, In the News, Settlements, Uncategorized, Underwriting

MODERN PAYMENT RAILS and Impact on Good Funds Laws

ALTA Develops Model Good Funds Bill Due to Increased Digital OptionsBy Jeremy Yohe Permission to reprint. Read the original article here: https://digital.titlenews.org/titlenews/march_2024/MobilePagedArticle.action?articleId=1966060#articleId1966060 THE WAY PEOPLE SEND AND RECEIVE MONEY IS CHANGING. Consumers and businesses are moving toward technologically advanced payment practices that better align with their evolving wants and needs. While the industry has been hearing … Continue reading MODERN PAYMENT RAILS and Impact on Good Funds Laws

vltaexaminer Legislative, Settlements, Title Examination, Underwriting

Business Trusts in Virginia: An Overview for Title Insurers

While corporations and limited liability companies are the most common business entities, Virginia also allows for the formation of another type of unincorporated association known as a business trust. These trusts can hold title to real estate and other property just like any other business entity. A business trust is a legal arrangement where the … Continue reading Business Trusts in Virginia: An Overview for Title Insurers

vltaexaminer Legislative, Uncategorized, Underwriting

Can You See Me Now? The Corporate Transparency Act

Title professionals are no strangers to the difficulties in getting to the bottom of ownership issues for those operating a business through opaque entities. Peeling back the layers is often required to get to the ultimate owner. The anonymity provided is important to some companies as a means of legally doing business. However, these same … Continue reading Can You See Me Now? The Corporate Transparency Act

vltaexaminer Featured, Legislative, Settlements, Uncategorized, Underwriting

The Claims Corner: Revenge Equity Theft, Safeguards to Avoid a Potentially Costly Policy Loss

This article concerns a business partner’s theft of the equity in the limited liability company’s real property and business assets, following a dispute over the partners’ profit-sharing provision, by falsifying documents to represent he had authority to mortgage the LLC’s realty.  While claims such as these are not uncommon and can result in expense and … Continue reading The Claims Corner: Revenge Equity Theft, Safeguards to Avoid a Potentially Costly Policy Loss

vltaexaminer Legislative, Record Room, Uncategorized, Underwriting

Tax Sales in Virginia – Part Two

Read Tax Sales in Virginia - Part One here. Litigation After the pre-litigation publication and mailed notice periods have expired a complaint can be filed with the circuit court asking that the property be sold for the delinquent taxes. The complaint generally tells the story of the real estate. It should indicate whose name the … Continue reading Tax Sales in Virginia – Part Two

vltaexaminer In the News, Legislative, Settlements, Uncategorized, Underwriting

Virginia’s New Foreign Entities and Ownership Act

Context and Background of New Law In response to growing global tensions between the United States and certain other adversarial nations, and concerns about such nations owning and acquiring lands within the Commonwealth, Governor Glen Younkin in the State of the Commonwealth address in January 2023 asked the General Assembly to send him a bill … Continue reading Virginia’s New Foreign Entities and Ownership Act