Fannie and Freddie require that "Attorney's opinions of title must be commonly acceptable in lieu of title insurance by private institutional Mortgage investors in the area where the Mortgaged Premises are located."

We know that there are areas of the country where this is "commonly acceptable". How does your institution determine what is "common" and what is "acceptable" for your area? Also, do you evaluate the individual attorney in some manner? Specifically, we are interested in Ohio, Kentucky and Tennessee, but would be interested in hearing about practices in other states as well.

I have been told by a bank chairman/attorney that FHLMC and Fannie Mae will only accept title insurance, however, FHLMC has never sited title opinions as exception to policy during a real estate file review. Our bank is located in a different MSA than the attorney?...

I am interested in the answers received to your question also.

Have a great day.

Mimi

Other banks where I have worked and have sold mortgages on the secondary market have always used title opinions in lieu of title insurance. TI just isn't common here, unless maybe around Louisville or other larger metro areas.

It is common in the Louisville market.

Title insurance is the rule, not the exception, on all Secondary Market loans that I've seen in Paducah.

JMB,
I can only comment on what our normal practice is in this area. I am in the larger metro area in Kentucky. The majority of the time we use title opinions but we also do not particiapate in the secondary market. We generally work with a hand full of attorneys, title companies, etc., where over the years we have been able to become familiar with their work; their accuracy,professionalism, their ability to work with us, etc. We also keep a copy of their errors and ommissions policy on file. If we have a customer who wants to use an individual we are not familiar with, at that time we generally do require lenders title insurance.