A Commentary On the Viability of Insured Attorney Opinion Letters as an Alternative To Title Insurance

Banking and Financial Services Alert

Client Alert

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With Fannie Mae, Freddie Mac and others embracing attorney opinion letters (AOLs) as an alternative to title insurance for residential mortgages, Bradley’s Title Insurance Claims & Title Defect Curative Practice Group took a deeper look at the viability of a revamped AOL. In this white paper, we walk through the recent changes by Fannie Mae and Freddie Mac giving rise to discussion across the industry and the limitations of traditional AOLs. We also examine the context around title-related risks and the modernization of the AOL with the overlay of an errors and omissions policy to more closely align with the expectations of lenders and homeowners accustomed to title insurance. With that context and our review of the AOLPro (coupled with a Mortgage Service Provider’s Errors & Omissions policy and closing protection letter) offered by the Alita Group, we detail how the new insured AOL addresses significant title-related risks, including those most commonly encountered, and how it is poised to be a viable option for real estate and mortgage lending in the future.