Largest Title Firm Eases Up on Foreclosure Indemnifications

Title insurance giant Fidelity National Financial has canceled a requirement for lenders to guarantee proper foreclosure procedures, citing "heightened" review processes by several mortgage servicers. 

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The Jacksonville, Fla.-based company said it will not require an indemnity agreement before insuring individual foreclosed properties, according to a memorandum it issued to employees.

However, according to a report by Bloomberg, FNF will still require indemnifications on REO sales financed by Bank of America.

The nation's largest title insurer reversed course from a requirement put in place a week ago after institutions took steps to police foreclosure paperwork, according to the memo.

Failure of other title insurers to follow Fidelity's lead potentially put the company at a competitive disadvantage.

"Although competition was a factor," said FNF EVP and chief legal officer Peter Sadowski, "we wouldn't take undue risk for competitive reasons. We feel comfortable with the new process."


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