Yes, coverage is no different than the traditional ALTA insurance policy. Insured Attorney Opinion Letter policies are subject to complete research of public records, which is no different from ALTA insurance policies. The same research confirming how the property is vested, open mortgages, liens, and property tax status is completed to the same level of scrutiny for an ALTA insurance policy. This assures the homeowner and lender that their interests are fully covered.
AOLs also provide full Gap insurance from the closing through document recording at the County.
In the unlikely event that a claim occurs, the process emulates the same method that has been followed historically for ALTA insurance products, with resolution/claim payment promptly.
In conjunction with FHFA and the Congressional Banking committees, the GSE believes that Attorney Opinion Letters (AOLs) can provide an acceptable level of protection at a much lower cost to the borrower than a traditional lender’s title policy. In recent years, widespread digitization of real estate records and technological advances have improved the process of confirming marketable title, but that has not translated to lower costs for borrowers. Research shows that low-income and first-time homebuyers pay disproportionally more in closing costs. Since beginning to accept AOLs, savings for borrowers have been significant. On average, refinancing borrowers have saved over $1,000 when an AOL was used instead of a traditional lender’s title insurance policy.
AOLs have been used on select mortgage transactions for decades. Fannie Mae specifically has also purchased more than 10,000 loans with AOLs since 2009 and has not experienced losses from title claims on these loans.
The AOL is an insured product. Unlike the messaging that emanates from large title organizations and their trade group, coverage from an AOL is not dissimilar to title insurance in that it lives for the life of the loan, covers the lender and the borrower, and contains coverage against fraud.