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