The U.S. 9th Circuit Court of Appeals has agreed with NAILTA, which filed an amicus brief in support of the borrower-plaintiff in a pending RESPA class action lawsuit against First American Title Insurance Company.


The National Association of Independent Land Title Agents (NAILTA), as the national voice of the independent title agent, applauds the Ninth Circuit Court of Appeals decision in Edwards v. First American Title Corporation, et al. which reversed a trial court’s denial of two motions for class certification under RESPA involving a captive title insurance agreement between First American Title Corporation and a jointly-owned title agency in Cleveland, Ohio.

NAILTA was the lone title association to provide an amicus curiae, or “friend of the court” brief, in support of reversal.

“NAILTA members believe strongly in the value of autonomous relationships in the real estate settlement process.   The problem with the captive title

model is the fact that it unfairly restricts consumer choice and competition in the same act.  With the degrading title standards that have been pushed by the industry, the choice of underwriter becomes critical to the preservation of not only the interests of the insured, but also to the interests of the entire land title system,” said Anthony Affatati, Vice President of NAILTA.

“NAILTA takes our responsibilities to the public and to the preservation of the independent title agent seriously.  It is our mission,” Affatati concluded.

For more information concerning NAILTA’s amicus brief in Edwards or its position on many other title industry issues, please visit our website at www.nailta.org or contact our PR representative.