6/7/2012
In an underwriting bulletin sent to all multi-state agents from the office of their combined chief legal counsel on April 16, 2012, Fidelity National, Chicago Title and Commonwealth Land Title have instructed all their national and multi-state agents to adhere to the Supreme Judicial Court’s decision in REBA vs. National Real Estate Information Services, Inc., requiring not only the presence but the substantive participation of an attorney on behalf of the mortgage lender, and advising that certain services connected with real property conveyances constitute the practice of law in Massachusetts.
“This is another positive step for REBA and Massachusetts lawyers,” Bob Moriarty, Co-chair of the Association’s Practice of Law by Non-Lawyers Committee, said. “Now there are five national title insurance underwriters, including Chicago, Commonwealth and Fidelity, which have acknowledged REBA’s longstanding position on witness closings and the need for substantive participation by an attorney. We are grateful for the leadership of Chicago, Commonwealth and Fidelity particularly Tom Flynn, State Manager for Chicago and Commonwealth, Toni Mitchell, State Manager for Fidelity, for their initiative on this matter of crucial concern to real estate practitioners in Massachusetts. “
“We now look to single remaining national title insurance underwriter, First American, to follow the example of Chicago, Commonwealth, Fidelity, Old Republic and Stewart to eliminate witness or notary closings here in Massachusetts once and for all.” Doug Salvesen, REBA’s counsel, said.
“We are looking forward to a similar action by First American so we can declare that all of the national title insurance underwriters have taken steps to support REBA on this critical issue,” added Tom Moriarty, the other Co-chair of the REBA Practice of Law by Non-Lawyers Committee.
Click here to see the Chicago / Commonwealth/ Fidelity underwriting bulletin.