Title Insurance and the Law

The title insurance industry in New York is regulated by the New York State Department of Financial Services, whose main office is located at One State Street, New York, NY 10004-1511.  The DFS maintains offices in Albany, Buffalo, Mineola and Syracuse.

The website address is http://www.dfs.ny.gov .

The NYSLTA provides information and resources to legal and finance professionals concerning the DFS regulation of the title insurance industry.  A library of resources may be found on our Member Web Site at https://nyslta.site-ym.com/?page=DFS

DFS Opinion Letters
The DFS (f/k/a the Insurance Department) has given Title Insurance Agents fairly clear answers on many issues regarding the Title Insurance business.  

Set forth below are links to opinions that clearly state the Departments position on many issues, including but not limited to Insurance Law Section 6409(d) violations, joint venture arrangements, and coercing the use of a particular title insurance provider.

All the included Opinions are currently posted on the DFS website, and are currently considered to be in full force and effect.  All title insurance professionals are encouraged to read or re-read these opinions so if you see these behaviors recurring, you can knowledgably inform consumers, colleagues and possibly the NYSLTA or DFS about them.

Reduction in legal fees by Attorney Agents
http://www.dfs.ny.gov/insurance/ogco2009/rg090708.htm

Joint Venture requirement of multiple sources of business
http://www.dfs.ny.gov/insurance/ogco2009/rg090701.htm

Prohibited incentives
http://www.dfs.ny.gov/insurance/ogco2006/rg061221.htm

RESPA conflict and Banking Law
http://www.dfs.ny.gov/insurance/ogco2001/rg110022.htm  

Joint venture requirements
http://www.dfs.ny.gov/insurance/ogco2002/rg203213.htm

 
Lender commissions for TI referrals
http://www.dfs.ny.gov/insurance/ogco2002/rg021132.htm  

Charitable donations an inducement
http://www.dfs.ny.gov/insurance/ogco2002/rg021203.htm  

Settlement cost reductions as an inducement
http://www.dfs.ny.gov/insurance/ogco2004/rg041029.htm  

Reduced bank attorney fees as an inducement
http://www.dfs.ny.gov/insurance/ogco2004/rg041221.htm  

Real Estate Broker Referral to Affiliate Title Agent
http://www.dfs.ny.gov/insurance/ogco2011/rg110504.htm