By Mauri Hawkins, Chief Claims Counsel, Alliant National Title Insurance Company
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 – 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’s 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’ve 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’s 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’s 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’s 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 “any 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.” 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’s 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? https://www.forbes.com/advisor/mortgages/real-estate/housing-market-predictions/
2American Land Title Association. ALTA Reports Q2 2025 Market Share and Title Insurance Premium Volume. https://www.alta.org/news-and-publications/press-releases.
3 Highlands County, Florida Clerk of Courts. Roadway Status Affidavit at Property Transfer. https://www.highlandsclerkfl.gov/popular_services/roadway_status_.php
