6/7/2012
In a memorandum sent earlier this month from Old Republic Title’s corporate legal department to multi-state agents and policy-issuing offices nationwide, Old Republic Title National Title Insurance Company instructed all its agents to follow 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.
The memorandum concludes …any business model proposed for Massachusetts must include a Massachusetts attorney acting as an integral and independent component of that agent’s plan.
“This is another major breakthrough for REBA and Massachusetts lawyers,” Bob Moriarty, Co-chair of the Association’s Practice of Law by Non-Lawyers Committee, said. “Now there are two national title insurance underwriters, Stewart and Old Republic which have acknowledged REBA’s position on witness closings and the need for substantive participation by an attorney. We are grateful for the leadership of Old Republic Title, particularly Massachusetts State Manager Sandy Schoen and State Counsel Mike Gagnon for their initiative on this matter of crucial concern to the Commonwealth’s real estate practitioners.
“We now look to the remaining national title insurance underwriters, particularly First American, and the Fidelity National family of underwriters (Commonwealth, Chicago, Lawyers, Ticor and Fidelity) to follow the example Old Republic and Stewart to eliminate witness or notary closings in the Commonwealth once and for all.” Doug Salvesen, REBA’s counsel, said.
“The silence of Fidelity and First American is deafening,” added Tom Moriarty, the other Co-chair of the REBA Practice of Law by Non-Lawyers Committee.