Real Estate Tip – Lender Liability in Real Estate Closings; Know Your Closer Well


The Consumer Financial Protection Bureau (CFPB) now enforces the Real Estate Settlement and Procedures Act and related laws dealing with real estate closings. Recent CFPB bulletins and directives make it clear that not only can lenders be held responsible for the errors of their third-party closers (the FDIC, CFPB’s predecessor, said that, too) but that lenders are now responsible for assuring, in advance, the quality of their third party closers. In an effort to create a private sector safe haven for lenders, the American Land Title Association (ALTA) designed a Best Practices program. It includes tools for helping lenders determine whether closers have implemented those Best Practices. As lenders seek to meet the government’s requirement that they be more proactive in reducing risks to themselves and their borrowers, examining the ALTA Best Practices program may be a logical next step.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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