Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H951

Introduced
2/16/23  

Caption

To reform title insurance

Impact

Should this bill be enacted, it will introduce Chapter 175N, titled the Title Insurance Law, into the General Laws of Massachusetts. This chapter will clarify various definitions related to title insurance and outline the rights of homeowners, particularly in refinancing situations. By mandating that homeowners can receive continued title insurance coverage at no additional cost when refinancing through the same lender, the bill emphasizes financial protections for consumers. The stipulations aim to ensure that existing homeowners are not unduly charged for title insurance when they are already covered.

Summary

House Bill 951 aims to reform title insurance practices in the Commonwealth of Massachusetts. Specifically, the bill seeks to eliminate the requirement for lenders' title insurance to be charged to homeowners who are refinancing their existing mortgages. This change is designed to promote public welfare by reducing the financial burden on homeowners as they seek to restructure their mortgage agreements. Additionally, the bill underlines the importance of fair competition within the insurance market by assuring that the prohibition of the lender's title insurance charge does not deter equitable competitive practices among title insurance companies.

Contention

The bill's discussions may lead to points of contention among stakeholders in the title insurance industry. Opponents of this legislation may argue that it restricts the market and could discourage insurance companies from providing certain services due to reduced profitability. Additionally, there may be concerns about how this might lead to a reduction in the quality or availability of title insurance services, as companies adapt to the new regulations. Advocates, however, will likely argue that such consumer protections are necessary to ensure fair treatment for homeowners and to help facilitate easier refinancing processes.

Notable_points

Another notable aspect of HB 951 is the written disclosure requirement which mandates that all prospective buyers of title insurance receive comprehensive information about the costs involved. This aims to enhance transparency and allow consumers to make informed decisions regarding title insurance policies. Failure to adhere to any of the provisions of this chapter could lead to penalties, ensuring that compliance is taken seriously and reinforcing the intention behind the bill to enhance consumer protection in financial transactions.

Companion Bills

MA H2964

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MA H2965

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MA S2450

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MA S2758

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MA H4705

Replaced by Industry insurance, banking and other related matters

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