By: Mary Gallimore Walker, NCLTA Attorney Section Representative

From title fraud prevention to public record redaction, affordable housing initiatives, and form revisions, there are several developments worth watching for North Carolina real estate attorneys.  

In my role as NCLTA Attorney Section Representative, I have been following these developments and participating in discussions about them with the American Land Title Association (ALTA), the Uniform Law Commission (ULC), the North Carolina Bar Association Real Property Section (NCBA RPS), and our NCLTA committees and members. My goal is to make sure that the practical perspectives of North Carolina real estate attorneys are part of the conversation as new proposals develop.

Fraud Prevention

In addition to my three children, deed fraud and wire fraud continue to keep me up at night.

Concerns about deed fraud, now often described more broadly as title fraud, are prompting legislative action in North Carolina and across the country.

North Carolina’s Senate Bill 423, the Title Fraud Prevention Act, remains under consideration. The House and Senate passed different versions in 2025, and a conference committee was appointed after the Senate rejected the House version. There are no new requirements for attorneys at this point, but any final compromise could affect recording procedures, fraud detection, and how register of deeds staff handle potentially fraudulent documents. More information about the bill is available here (the version currently posted has been substantially revised).

At the national level, the Uniform Law Commission has formed aDeed Fraud Drafting Committee to develop a uniform act addressing both prevention and resolution. The committee is considering several approaches, including known or authorized filer systems, owner-notification programs, title freezes, additional authentication requirements, and authority for register of deeds offices to flag suspicious documents. The most recent materials are available here.

Given that North Carolina already has its own title fraud legislation under consideration, complete adoption of a future ULC act here is less likely. Still, the ULC project is worth watching because the approaches being considered nationally could influence future legislation and recording practices in North Carolina.

I am participating in the ULC committee as an Observer, along with other real property attorneys, title insurance company counsel, registers of deeds and NC Land Records staff, judges, ALTA representatives, and others from all over the country. I have provided comments emphasizing the importance of accounting for North Carolina’s attorney closing system and our recording processes as the act develops.

Public Records and Address Confidentiality

I have to admit, “doxing” and “swatting” were not words I expected to add to my legal vocabulary this year.

Doxing generally refers to publishing or distributing someone’s private identifying or location information, often in a way that exposes the person to harassment or harm. Swatting involves making a false emergency report intended to trigger a law enforcement response, often at the target’s home.

Both concepts are central to Senate Bill 801, which addresses protection of identifying information for individuals who may be particularly susceptible to doxing or swatting by “shielding” or “redacting” private information from public facing websites or records.

The current version passed unanimously in the Senate and has been referred to the House Rules Committee. The bill would create a task force to study broader confidentiality protections for military and special operations personnel, elected officials, judges and judicial personnel, among others. It would also allow qualifying special operations personnel to request that identifying information be removed or redacted from public facing government databases. More information is available here.

The safety concerns behind the legislation are significant. At the same time, implementation could have very real consequences for real estate practice, specifically for title examination and the reliability of the public record.  

The protections could unintentionally create challenges for the people they intend to help. A protected owner may still need to purchase a home, refinance, sell property, satisfy a lien or judgment, or prove ownership. These are exactly the kinds of practical issues that need to be considered as a system is developed and implemented.

Housing Policy

The bipartisan 21st Century ROAD to Housing Act became federal law on July 11, 2026. I recently joined a call hosted by ALTA with Congressman Mike Flood, who discussed the development of the legislation and its intended effect on housing supply and affordability.

Many of the law’s provisions focus on reducing barriers to housing production, including streamlined federal reviews, infrastructure and planning initiatives, zoning and land use best practices, expanded eligibility for certain housing programs, and reform involving manufactured housing. Congressman Flood noted that many housing challenges will still require state and local solutions but described the legislation as an important first step toward increasing housing supply.

While many of the provisions are not directed specifically at closing attorneys or title practice, changes affecting housing production, land use and development are worth following as implementation moves forward. Check out this helpful overview from ALTA and learn more about affordable housing initiatives in North Carolina here.

Title Acceptance Pilot and Unregulated Alternatives to Traditional Title Insurance

Fannie Mae’s Title Acceptance Pilot allows certain refinance loans determined to present low title risk to be sold to Fannie Mae without a lender’s title insurance policy or attorney opinion letter. Fannie Mae describes the pilot as an effort to reduce closing costs for borrowers, and it is currently active through November 30, 2027.

ALTA has raised concerns about the pilot as part of a broader discussion about unregulated alternatives to traditional title insurance. ALTA’s position is that title waivers and other alternatives may provide less protection while shifting additional risk to consumers, lenders and the attorneys who are handling the title examination and closing.

I am following this issue through conversations with NCLTA and NCBA RPS members and leaders, as well as a recent meeting with ALTA’s Government Affairs team about federal developments and how other states are responding. As a possible next step, NCLTA is considering outreach to North Carolina Commissioner of Insurance Mike Causey regarding the issue and its implications for North Carolina consumers and the title industry. Learn more here.

Forms

The NCLTA-RPS Forms Committee, led by Nancy Ferguson and Karl Knight and working in partnership with the NCBA RPS, continues to review and develop practical forms and resources for North Carolina real estate attorneys.

I am participating in the Forms Committee’s revision process, reviewing drafts, providing feedback, and joining committee discussions. One of the committee’s current projects is the development of a comprehensive affidavit and indemnity form. The goal is to create a more streamlined affidavit that provides meaningful protection for attorneys and clients while improving efficiency in the closing process. As part of that effort, the current Enterprise Justice Affidavit of Understanding and Indemnity is being incorporated into the comprehensive form, along with other commonly used affidavits and indemnities.

The committee is also reviewing and revising the Preliminary Opinion on Title (PTO) and Final Opinion on Title (FTO) forms and is coordinating with software vendors, including SoftPro, so updated forms can be incorporated smoothly into the systems that attorneys and staff use every day.

Other Developments

• HB 133: Foreign Investment Restrictions. Establishes a buyer affidavit requirement and creates new restrictions on certain foreign parties acquiring agricultural land near military installations in NC. Learn more from this article and the North Carolina General Assembly Bill Lookup page.

• HB 517: Emergency Video Notarization and Nonprofit Annual Reports. Extends emergency video notarization and witnessing provisions and creates a new requirement that nonprofits operating in NC must now file annual reports with the Secretary of State. Check out this summary and the North Carolina General Assembly Bill Lookup page.
  
• HB 268: Emergency Video Notarization Curative Provision. Provides a curative provision validating emergency video notarizations and video witnessing performed July 1-7, 2026. Read more here.

Please feel free to send me questions, comments, concerns, or suggestions regarding these or other issues. I’m always happy to talk about these efforts or anything else affecting your practice.

Mary Gallimore Walker
NCLTA Attorney Section Representative
mwalker@glcglaw.com
(336)754-8475

By: Jimmy Bryan

Vice President, Commercial Services Division and Title Counsel, Investors Title Insurance Company

General Counsel, North Carolina Land Title Association

When it comes to title insurance, the standard policy is only the starting point. Real estate transactions often involve unique risks, and that’s where ALTA endorsements come in. The American Land Title Association (ALTA) creates standardized endorsement forms used throughout the industry. The North Carolina Land Title Association (NCLTA) then works in concert with the North Carolina Department of Insurance (NCDOI) and the North Carolina Title Insurance Rating Bureau (NCTIRB) to ensure the endorsements, and the corresponding rates, are filed and approved for use in North Carolina.

These policy add-ons customize coverage for specific issues such as zoning, condominium ownership, future development, leaseholds, access, tax parcels, and more.

What Is an Endorsement?

An endorsement is an amendment or rider attached to a title insurance policy that provides additional or modified coverage for a particular transaction. While standard title insurance generally covers matters existing at the time the policy is issued, endorsements tailor the policy to address specific risks.

A few key points:

1. Standard policies are intentionally limited. They cover many title defects existing on the policy date, but they also contain broad exclusions and exceptions. 
2. Endorsements narrow those gaps.  They convert certain excluded risks into insured risks. 
3. ALTA standardizes the forms and publishes standardized policy jackets and endorsement forms used nationwide. 

ALTA endorsements are one of the most important tools for tailoring title insurance coverage to the realities of a transaction. Whether the issue is zoning compliance, condominium ownership, future development, leasehold rights, access, tax parcels, or construction financing, the right endorsement can shift significant risk away from the insured party.

Because underwriting requirements vary by insurer and jurisdiction, early coordination among counsel, surveyors, lenders, and title professionals is essential to obtaining the desired coverage.

To learn more about specific ALTA endorsements and related underwriting considerations, listen to “Episode 15: Common Title Endorsement Issues” from Investors Title’s NC Title Talkpodcast series at the links provided.

By: Natasha Branch
Vice President, Education and Underwriting Counsel for North Carolina, Title Resources Group
Treasurer, North Carolina Land Title Association

Liens and judgments are a routine part of real estate practice. Most attorneys know how they arise, how to identify them in a title search, and how to move a file to closing. Yet lien issues continue to disrupt transactions and, in some cases, become title claims. 

In my day-to-day work with closing attorneys and underwriters, one theme comes up consistently. Most lien problems are not caused by a lack of legal knowledge. They happen because facts surface late, assumptions go unchecked, and decisions are made under pressure. 

The most challenging files usually involve liens that feel familiar. A contractor was 'paid,' work 'finished months ago,' or a lien waiver looks like one you have seen countless times. Those assumptions are often reasonable. They are also where risk begins. 

Even the liens we consider routine still require careful analysis. Ad valorem taxes, HOA liens, judgment liens, and state tax liens are not difficult conceptually, but they are easy to oversimplify. Ownership changes, foreclosure timelines, and enforcement periods can all affect whether a lien remains relevant at closing. 

Federal tax liens illustrate this point. These liens attach upon assessment but become effective against real property once a Notice of Federal Tax Lien is filed. Timing, refiling windows, and ownership structure all matter. A lien against one spouse raises different issues when property is held as tenants by the entirety. An older notice that appears stale may still be enforceable if it has been properly refiled. These nuances frequently affect whether a lien must be paid or released at closing. 

Mechanics’, laborers’, and materialmen’s liens present the greatest risk. The issue is not that the statute is unclear. It is how the statute operates in practice. A properly perfected lien relates back to the date of first furnishing rather than the filing date. Strict statutory deadlines govern both filing and enforcement. Those rules create exposure when the facts surrounding construction are incomplete or misunderstood. 

The lien agent system was designed to improve transparency, but it has also introduced new challenges. The absence of a filed lien does not necessarily mean the absence of risk. Independent verification of lien agent activity, including review of active or renewed notices, is essential to reduce exposure. 

Lien waiver forms are another common source of risk. The NCLTA forms are not interchangeable. Each form reflects a specific set of factual and underwriting assumptions. Using the wrong form does not simply create a technical issue. It can leave unresolved lien rights tied to the property. 

Many of the situations discussed during my presentation at the 2026 NCBA Real Property Section Annual Meeting were drawn from real questions that arise shortly before closing. They often begin with a familiar phrase: 'This probably isn’t an issue, but…' These situations rarely have clear, checklist answers. Instead, they require stepping back and asking a few additional questions. Who ordered the work? When was it performed? Has it actually been paid? Does the documentation match the underlying facts? 

For attorneys handling these issues in practice, the takeaway is straightforward. Verify lien-related facts independently. Do not rely solely on verbal assurances. Match the lien waiver form to the actual circumstances of the project. Involve underwriting early when facts are incomplete or inconsistent. 

Most lien issues are manageable when they are identified early. More difficult situations tend to arise when a file feels routine and no one stops to confirm what is actually happening beneath the surface. In this area of practice, the most valuable skill is not identifying the statute. It is recognizing when something warrants a closer look before moving forward. 

Post By: Mary Gallimore Walker

Some of the best advice I’ve been given is to surround yourself with good people – and membership in the North Carolina Land Title Association (NCLTA) makes that easy to do.

The Value of Membership

When I first joined NCLTA, I knew membership would provide access to education and resources, but I didn’t fully expect how quickly I would find supportive community.

NCLTA provides a statewide forum for sharing information about the title industry, bringing together Underwriter, Agent, Attorney, and Associate members to stay informed on the issues and trends affecting real property practice in North Carolina. While NCLTA’s mission to strengthen the title industry is vital, the relationships formed through the Association have been its greatest value to me.

Attending the NCLTA Annual Convention has been especially helpful. The CLE programs are practical, the resources are useful, and the connections are invaluable. I come away knowing I have knowledgeable friends and colleagues I can call – whether it’s Chris Burti for a case law question, Nancy Ferguson for legislative updates, Andrea Davis about a title requirement, or Natasha Branch regarding a closing challenge.

These relationships and many others formed through this organization have already enriched my practice and life in meaningful ways.

Stay Informed and Connected

Membership in NCLTA goes beyond the Annual Convention, it keeps you connected to timely information and practical tools that support your day-to-day work:

• Title & Practice: The NCLTA Blog – Practical insights, legal updates, and industry news tailored for North Carolina land title professionals.
• Carolina Update Newsletter – Regular communications highlighting legislative developments, regulatory changes, and important industry trends.
• Members-Only Discussion Board – A collaborative forum where you can ask questions, share experiences, and learn from colleagues across the state.
• Enterprise Justice (Odyssey) Support – Dedicated resources and a centralized email channel to assist members with Odyssey-related questions.

These resources are designed to help you stay current, work more efficiently, and feel supported by a community that understands your practice.

Join Us in 2026

For our current members, thank you for your continued commitment to NCLTA. I encourage you to explore the latest member resources and mark your calendars for this year’s Annual Convention.

If you are not yet a member, I invite you to join NCLTA in 2026. If you have questions about membership or renewal, please feel free to reach out to me directly at (336) 754-8475 or mwalker@glcglaw.com. Additional information and applications are available on the NCLTA website.

Save the date for the 2026 NCLTA Annual Convention which will be held at the Cavalier Resort in Virginia Beach, Virginia, from September 17–19.

I look forward to connecting with you in the year ahead!

We’re excited to launch Title & Practice, the NCLTA blog focused on practical insight for North Carolina land title professionals.

The blog, now a part of the NCLTA website, is intended to be a straightforward, useful resource – something you can turn to for clarity on issues that arise in practice, updates on developments and legislation affecting our industry, and NCLTA news and events. It will also feature perspectives from our colleagues on emerging issues.

To access the blog, click on the “Resources” tab and then on “Title & Practice: The NCLTA Blog” in the drop-down menu. You may also access the blog by clicking on the green blog icon on the home page.

In addition to the blog, we are introducing several new resources designed to support your work.

New NCLTA Resources

Member Discussion Board

The NCLTA member discussion board provides a space to connect with other professionals across the state to ask questions, share insight, and learn from one another.

Whether you are working through a specific issue or looking for perspective on a recurring question, the discussion board is intended to facilitate practical, peer-to-peer exchange.

To access the Discussion Board, log in to your NCLTA account. Once logged in,  you will see “Discussion Board” under the “Resources” tab. You may also access it by clicking the green Discussion Board icon on the home page.

Submit a Question: Enterprise Justice (Odyssey)

Enterprise Justice (Odyssey) has now rolled out in all 100 North Carolina counties. While statewide implementation is a significant milestone, we recognize that inconsistencies remain and practical questions continue to arise in day-to-day practice.

To support our members as the system continues to evolve, NCLTA and the NCBA Real Property Section have collaborated to create a dedicated email resource for Enterprise Justice (Odyssey)-related questions.

Questions may be submitted via email at odysseynclta@gmail.com

For more information on how to submit a question, go to the “Enterprise Justice (Odyssey) Support” tab.

Looking Ahead

These resources are intended to be practical, accessible, and responsive to the needs of title professionals working across North Carolina. We hope the NCLTA website becomes a resource you return to regularly.

We invite you to post questions and responses to the Discussion Board, submit questions to the Enterprise Justice (Odyssey) Support Team and share ideas for future blog posts.

If you are interested in contributing to the blog or have topic suggestions that may be helpful to colleagues, please contact Mary Gallimore Walker at mwalker@glcglaw.com.