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Home Ownership

Two Policies at Closing, and Both Protect the Bank

In this chapter
  1. Two policies, one bill, and they are nothing alike
  2. Who each policy actually pays
  3. What share of a title premium comes back as claims
  4. Why the price follows the house, not the work
  5. The discount you only get if you ask
  6. Why the referral is regulated, and what regulators keep finding
  7. The one place that does this differently
  8. The cheaper alternative that now exists, and its real limit
  9. What PMI is, and why it is a different animal
  10. The date your PMI is supposed to stop
  11. Why PMI did not stop when your house went up in value
  12. The "no PMI" loan that still has PMI in it
  13. One thing PMI can do that surprises people
  14. What to do about it
  15. Where Plenee fits
  16. The short version

Two policies, one bill, and they are nothing alike

Buying a house with less than a fifth down means buying two insurance products in the same hour. Title insurance. Private mortgage insurance.

They arrive together, they are both paid by you, and they both protect the bank. So most people file them in the same mental drawer.

That is the mistake this chapter is about. One of them pays out about four cents on the dollar. The other has paid out more than it took in. They need completely different things from you, and neither of those things is done at the closing table.

Who each policy actually pays

Start here, because almost nobody is told it plainly.

The lender's title policy protects the bank. You pay for it. If a defect in the title wipes out the bank's security, the bank is made whole. You are not. The mortgage buyers who set the rules require this policy on every loan.1

The owner's title policy protects you. It is a separate purchase, it is usually optional, and it is the one you have to ask about.

Private mortgage insurance protects the bank. You pay for it. If you default and the house sells for less than the debt, the insurer pays the bank. Your debt does not go away.

So of the three, exactly one is bought for you, and it is the one nobody has to sell.

What share of a title premium comes back as claims

State regulators pool every insurer's statutory filings, so this figure is measured rather than estimated.

Across the whole industry, 5.2% of title premium went back out as claims in 2024. The four years before ran 4.7%, 3.1%, 2.3% and 2.9%.2

The per-policy version is easier to picture. Across 12.6 million policies issued in 2024, average premium earned was $1,306 and average claim cost was $61.3

The four largest underwriters report the same shape in their own accounts:

Underwriter202520242023
Fidelity National Financial4.5%4.5%4.5%
First American3.0%3.0%3.25%
Old Republic2.2%1.8%1.9%
Stewart3.4%3.9%4.1%

4

Set that against ordinary insurance, from the same regulators' report and the same year. Homeowners paid out 66.0%. Personal auto liability paid 70.8%.2

The cleanest comparison sits inside one company's own accounts, because one of the four also writes ordinary insurance. Its filing describes loss ratios "in the mid- to low-60% range" for its specialty lines and "in the 2% range" for title. In 2025 its commercial auto book ran 72.3% and its workers' compensation 59.0%, against 2.2% for title. Same filing, same auditors, same accounting standard.5

One caveat that matters. A single year's title loss ratio can be thrown off by reserves being adjusted for policies written long ago. The underlying loss cost has sat in a 3–5% band for two decades. Read the band, not one year.6

And the industry's explanation is real, so take it seriously. Title insurers do the work before the policy is written — searching records, finding defects, fixing them. Claims are rare because problems were removed, not because claims are refused. That is a genuine service, and it is not what a low loss ratio usually means.

The awkward part is that the work and the price move independently, which is the next section.

Why the price follows the house, not the work

Searching a title costs roughly the same whether the house is worth $200,000 or $900,000. The records are the same length. The premium is not.

Title premiums are set per thousand dollars of cover. So a house that costs three times as much carries roughly three times the premium for roughly the same search.

Two consequences follow, and both are documented by regulators rather than critics.

Most of the premium never reaches an insurer. In the regulators' 2024 aggregation, 73% of the industry's total operating expenses were amounts paid to or retained by title agents. Personnel costs were next, at 15.9%.7

The underwriters' own filings put the agent's share of agent-written premium at 77.5% and 80.2% in 2025.8 A federal audit found negotiated splits running 80% to 90%, and in some states agents charging the consumer a further separate amount for the same search and examination work.9

So the payout ratios above are measured against money that reached the underwriter, which is a fraction of what you paid.

Regulators who have run the arithmetic have ordered prices down. One state's insurance commissioner found that loss experience over five, ten, fifteen and twenty year periods indicated rate reductions of 14.9%, 11.1%, 9.7% and 6.2%.10 Another state's regulation states that certain industry expenses had been "included in the calculation of the rates, resulting in consumers paying higher, excessive rates."11

There is also a structural reason prices move slowly. Insurance rate-setting is largely exempt from federal antitrust law, and courts have applied that exemption to title rate filings specifically.12

The discount you only get if you ask

This is the most immediately useful paragraph in the chapter.

If the property was insured before — and most previously-sold homes were — you may qualify for a reissue rate, a materially lower premium for insuring the same land again.13 If you are buying both the lender's and the owner's policy at once, a simultaneous issue rate applies to the second one, and it is small. On a $349,000 loan the industry's own figures put it at $100 in Arizona and Texas, $325 in Ohio, $400 in Florida, $550 in Colorado and $595 in New York.14

Neither discount is automatic. A federal audit found regulators concerned that consumers "may not be getting the discounts for which they are eligible," and industry officials agreeing that consumers might be unaware of them.15 A federal review put it more bluntly: borrowers unaware of simultaneous issue or reissue discounts "may be charged undiscounted rates."16

Ask two questions in writing before closing: does a reissue rate apply, and what is the simultaneous issue rate for the owner's policy. Both have a definite answer and neither is offered unprompted.

Why the referral is regulated, and what regulators keep finding

Federal law prohibits paying or accepting a fee for referring settlement business, and prohibits splitting a charge except as payment for services actually performed.17 A payment to a title agent is lawful only for real work — evaluating the search, clearing objections, issuing the policy.18

Enforcement actions describe what the rule is aimed at. One title firm paid commissions of up to 40% of title premiums to around twenty referrers.19 Another arrangement was found to coincide with firms referring "significantly more business" while the agreements were in place.20 A lender and a brokerage were penalized $1.75 million and $200,000 for referral payments.21

None of that describes every transaction. It describes what the price of a referral looks like when someone is caught charging it.

The one place that does this differently

Title insurance is prohibited in one state. After title insurers there went insolvent in the 1940s and left policyholders with worthless cover, the legislature banned the product and built a state guaranty program instead.22

It charges a flat $175 for owner coverage up to $750,000, and provides that owner coverage free when the lender takes cover at the same time.23

Two honest qualifications, because the comparison is often made carelessly. The state program covers a narrower thing, and separate abstracting work is charged on top — a federal audit put that at roughly $550 in addition to the premium.24 And the program is not subject to insurance regulation in the ordinary way.25

Still, the loss experience is the striking part. Over eleven years the program paid less than $1,000 in claims.26 In its most recent audited year it recorded fee revenue of $8.0 million against a $93,000 provision for losses.27

The cheaper alternative that now exists, and its real limit

Both large mortgage buyers now accept an attorney's opinion on title in place of a lender's policy on qualifying loans, with the attorney indemnifying against a failure to exercise reasonable care.28 One states directly that these "can provide an acceptable level of protection… at a much lower cost to the borrower."29

The limits are real and come from people who oppose the practice, which is worth saying. An opinion letter typically carries no duty to defend — if a claim comes, the recourse is to sue the attorney and hope the malpractice cover is sufficient.30 It has not traditionally covered forgery, fraud, duress, incapacity or impersonation.31 One state regulator has warned consumers that these are being offered as substitutes but legally are not.32

That gap matters more than it sounds. Fraud and forgery account for roughly 40% of total claim cost on refinance transactions.33 It is the unknowable risk that the policy is genuinely for.

What PMI is, and why it is a different animal

Everything above describes a product where very little of the premium comes back. Private mortgage insurance is not that product, and treating them alike gets it wrong.

When house prices fell, PMI paid out far more than it took in. One insurer's loss ratio ran 200.1%, 152.6%, 137.5%, 259.5% and 220.4% across five years.34 A competitor recorded 131.2% to 250.4% over the same period.35 A third recorded 241%, 132% and 74% as the crisis subsided.36

Those are the numbers of real insurance covering a real catastrophe. Insurers in this line must also hold half of net earned premium in a contingency reserve for years, precisely because the losses arrive all at once.37

So the objection to PMI is not that it is poor value. It is that it protects the lender, you pay for it, and it does not stop when you would expect.

The date your PMI is supposed to stop

Two dates exist in federal law, and both are worth knowing exactly.

At 80%, you can ask. You may request cancellation on the date the principal balance is first scheduled to reach 80% of the original value of the property.38

At 78%, it must stop by itself. The requirement terminates automatically on the date the balance is first scheduled to reach 78% of original value, provided payments are current.39

Now read the words that do the damage. Both dates are set "based solely on the initial amortization schedule", and both are measured against original value.3839

Why PMI did not stop when your house went up in value

Because the law's automatic trigger does not look at what the house is worth now. It looks at a schedule printed the day you signed.

If your home has appreciated, or you have paid extra, you have almost certainly crossed 80% of current value long before the schedule says so. Nothing in the automatic process notices. Reaching that point early is a request you have to make, usually with an appraisal you pay for, under your servicer's own conditions.

The "no PMI" loan that still has PMI in it

If the mortgage insurance was lender-paid, the premium sits inside your interest rate rather than as a separate line.40 The rule requires the lender to increase what it keeps "by at least the amount of the mortgage insurance renewal premium."40

It is the same policy from the same insurer. One insurer's filed rate card is titled "Borrower-Paid & Lender-Paid Monthly Premiums" and carries one set of rates for both. Same loan-to-value, same coverage, same credit score, same premium — only the payer changes.41

What changes is when it stops. Lender-paid cover must stay in force "until the mortgage is paid in full" and is non-refundable. Borrower-paid cover must terminate by law at 78%.42

So the rate increment that pays for lender-paid cover never comes off. Someone comparing a "no PMI" rate against a quote with PMI is not comparing two versions of one deal. If your down payment was under 20% and there is no PMI line on your statement, ask whether the insurance is lender-paid.

One related claim is worth not making. It is often said that a high-loan-to-value borrower pays twice — once in the rate and once in the premium. The pricing grids do credit the insurance, substantially and deliberately: above 80% the fee falls as the loan-to-value rises and the required cover deepens, which is not how a risk charge behaves.43 The credit is partial rather than total, so a narrow version of the claim survives and the strong version does not.

Find the PMI line on your mortgage statement. Then find your original amortization schedule and the month the balance is scheduled to hit 80%. That month is the earliest date you can ask. If there is no PMI line and your down payment was under 20%, ask whether the insurance is lender-paid.

One thing PMI can do that surprises people

A mortgage insurer can rescind cover after a claim if the loan file misstated something. One insurer estimated that rescissions reduced its incurred losses by about $2.9 billion over five years, and that at the peak roughly 28% of claims in a quarter were resolved by rescission.44

The dispute in those cases is between the insurer and the lender. But it is a reminder of who the policy is for. Nothing about it is a promise to you.

What to do about it

Six actions. Four cost nothing.

  1. Ask in writing whether a reissue rate applies, before closing.
  2. Ask for the simultaneous issue rate on the owner's policy, as a figure.
  3. Decide the owner's policy deliberately. It is the only one of the three that pays you. On a purchase, that is the coverage worth having.
  4. Ask whether an attorney's opinion is available on your loan, and weigh the price against the duty to defend that it does not carry.
  5. Find the month your balance is scheduled to reach 80% of original value. Diarise it.
  6. If your home has risen in value, ask about early cancellation now rather than waiting for the schedule. Ask what your servicer requires and what the appraisal costs.

Where Plenee fits

Title insurance is paid once and forgotten. PMI is a line in a monthly payment that people stop seeing after about the third statement.

Plenee can hold the one date that matters — the month your balance is scheduled to reach 80% of the original value — and raise it while it is still worth acting on. It can also show what the mortgage insurance has cost you in total to date, which is the number that makes the phone call happen.

The short version

You buy two insurance products at the closing table and both protect the bank. Title insurance pays out three to five cents of every dollar, by the industry's own accounts, against seventy on home insurance — partly because defects are fixed rather than claimed for, and partly because the premium follows the house price while the work does not. Ask for the reissue rate and the simultaneous issue rate; neither is offered unprompted. The owner's policy is the only one that pays you. PMI is different in kind, having paid out more than it collected when prices fell, but it stops on a schedule printed the day you signed and measured against the original value. If your house has gone up, nothing automatic will notice. Find the month your balance is scheduled to hit 80%, and ask.

Also in these situations
  1. Just Bought a HouseTitle insurance and PMI. Both paid by you, both protecting the bank, and completely unalike.
Sources
  1. Freddie Mac Single-Family Seller/Servicer Guide § 4702.1: each mortgage purchased must be covered by a paid-up mortgage title insurance policy or an accepted alternative.
  2. NAIC, Property and Casualty and Title Insurance Industries report: title insurance direct loss ratio 5.2% in 2024, 4.7% in 2023, 3.1% in 2022, 2.3% in 2021 and 2.9% in 2020; expense ratio 99.0% and combined ratio 104.2% in 2024. Same report and year: homeowners 66.0% and personal auto liability 70.8% pure net loss ratio.
  3. Same report: 12,565,122 title policies issued in 2024, average net premium earned $1,306 and average direct losses and loss adjustment expenses $61 — 4.7 cents of loss per premium dollar.
  4. Forms 10-K, financial year 2025 and prior: Fidelity National Financial loss provision rate 4.5% (2025, 2024, 2023); First American provision as a percentage of title premiums and escrow fees 3.0% (2025, 2024) and 3.25% (2023); Old Republic title segment loss ratio 2.2%, 1.8%, 1.9%; Stewart provision as a percentage of title operating revenues 3.4%, 3.9%, 4.1%. A loss provision rate is what a company sets aside for expected claims, not what it has paid.
  5. Old Republic International, Form 10-K: consolidated loss ratios move with "mix changes between Specialty Insurance (with loss ratios in the mid- to low-60% range) and Title Insurance (with loss ratios in the 2% range)". Same filing, 2025: commercial auto 72.3%, workers' compensation 59.0%, title 2.2%.
  6. Reserve development distorts single-year title loss ratios in both directions. One underwriter's 6.6% for 2015 comprised a current-year ultimate loss rate of 4.2% plus a $93.1 million strengthening of reserves for financial-crisis-era policies. The underlying loss cost has sat in a 3–5% band for two decades.
  7. NAIC aggregation, 2024: 73% of the title industry's total operating expenses incurred were amounts paid to or retained by title agents; personnel costs were next at 15.9%.
  8. Forms 10-K, 2025: Fidelity National Financial agents retained 77.5% of agent premiums ($2,518m of $3,250m), 77.4% in 2024 and 76.9% in 2023; First American agents retained 80.2% ($2,374.0m of $2,959.4m), 79.8% and 79.7%.
  9. GAO-07-401: negotiated agent splits of 80% to 90% across its six sample states, and in some risk-rate states agents "charging the consumer a separate, additional amount intended to pay for those same services". The frequently quoted "about 70%" national figure is an averaging artefact — insurers' own direct operations retain no agent share, which pulls the average down.
  10. Texas Commissioner of Insurance, Order 2025-9697: "The rate indications using 5-, 10-, 15-, and 20-year periods ending in 2024 yield rate reductions of 14.9%, 11.1%, 9.7%, and 6.2%, respectively."
  11. New York Insurance Regulation 208 (11 NYCRR 228): certain expenses are "included in the calculation of the rates, resulting in consumers paying higher, excessive rates."
  12. 15 U.S.C. § 1012(b), the McCarran-Ferguson Act; applied to title rate filings in In re Ohio Title Insurance Antitrust Litigation, No. 1:08-cv-00677 (N.D. Ohio 2009) and affirmed in Katz v. Fidelity National Title Ins. Co. (6th Cir.).
  13. Florida Administrative Code R. 69O-186.003 sets a reissue premium schedule, available where a previous owner's policy insured the seller or mortgagor in the current transaction. Reissue and simultaneous issue rules vary by state; the existence of a discount does not.
  14. American Land Title Association, Frequently Asked Questions for Lenders Considering Title Insurance vs. Attorney Opinion Letters, January 2024: "If you take the example of a $349,000 loan, the simultaneous issue rate for the loan policy is $325 in Ohio, $595 in New York, $100 in Arizona, $100 in Texas, $550 in Colorado and $400 in Florida." Trade body figures; the Texas figure is independently confirmed by the state's promulgated Rate Rule R-5.
  15. GAO-07-401: state regulators "expressed concern that consumers may not be getting the discounts for which they are eligible… Several title industry officials agreed that consumers might not be aware of such discounts."
  16. US Department of the Treasury, 2024: "borrowers who are not aware of the availability of simultaneous issue or reissue discounts may be charged undiscounted rates."
  17. 12 U.S.C. § 2607(a) and (b), the Real Estate Settlement Procedures Act.
  18. 12 C.F.R. § 1024.14(g)(1) and (g)(3): payment to a duly appointed agent is permitted for "services actually performed", which must be "actual, necessary and distinct".
  19. CFPB enforcement action, Stonebridge Title Services: $30,000 penalty; commissions of up to 40% of title premiums to approximately twenty referrers.
  20. CFPB enforcement action, Lighthouse Title: $200,000 penalty; "the companies on average referred significantly more business to Lighthouse when they had MSAs than when they did not."
  21. CFPB enforcement action, Freedom Mortgage and Realty Connect: $1.75 million and $200,000 penalties.
  22. Iowa Code § 515.48(10) excludes title insurance from permitted classes. Iowa Title Guaranty, Program Overview Manual: "In the mid-1940s, Iowa title insurance companies went bankrupt and were unable to honor claims, leaving Iowans with worthless policies." That account is the agency's own.
  23. Iowa Title Guaranty, owner coverage page: "residential owner coverage up to $750,000 for a flat rate of $175.00", with coverage over $750,000 at $1 per $1,000, and free residential owner coverage up to $750,000 where the lender takes cover simultaneously.
  24. GAO-07-401: on the Iowa premium, "additional required services would add approximately another $550, for a total of approximately $700." Figures are from 2005 and abstracting prices are unregulated and vary by county.
  25. Iowa Code § 16.91(3): the program "is not subject to the jurisdiction of or regulation by the insurance division or the commissioner of insurance", with stated exceptions.
  26. Iowa Legislative Fiscal Bureau, Issue Review, 2 February 1997: "less than $1,000 in claims have been paid in 11 years" over FY1986–FY1996.
  27. Iowa Finance Authority, audited financial statements for the year ended 30 June 2025: Iowa Title Guaranty Division fee revenue $8,042 thousand; provision for losses $93 thousand.
  28. Fannie Mae Selling Guide B7-2-06, attorney title opinion letter requirements, including the attorney's agreement to indemnify "to the full extent of all losses attributable to a breach of our duty to exercise reasonable care and skill". Freddie Mac Seller/Servicer Guide § 4702.1 lists accepted alternatives.
  29. Fannie Mae, Attorney Opinion Letter initiative page: "Fannie Mae believes that AOLs can provide an acceptable level of protection to Fannie Mae at a much lower cost to the borrower." Read via an archived capture; the live page returns an error.
  30. ALTA FAQ, January 2024: "A typical attorney opinion letter does not provide any duty to defend. A lender's only recourse is to sue the attorney for negligence and hope that the attorney's malpractice insurance and net worth is sufficient." Trade body source, opposed to the practice.
  31. White paper commissioned for the Mortgage Bankers Association: attorney opinion letters "have not traditionally protected against losses resulting from (i) defects caused by forgery, fraud, undue influence, duress, incapacity, or impersonation".
  32. Virginia State Corporation Commission, Bureau of Insurance, Administrative Letter 2025-05: consumers should be aware that attorney opinion letters "are being offered as substitutes for title insurance but they do not, and legally cannot" provide the same.
  33. Milliman for ALTA, 2025 (as 2): "fraud and forgery claims represent a significant source of loss, accounting for approximately 40% of total claim cost associated with refinance transactions."
  34. MGIC Investment Corporation, Form 10-K for FY2012: GAAP loss ratio 200.1%, 152.6%, 137.5%, 259.5% and 220.4% for 2012 back to 2008. "The loss ratio is the ratio… of the sum of incurred losses and loss adjustment expenses to net premiums earned."
  35. Radian Group, Form 10-K for FY2012: mortgage insurance loss ratio 131.2%, 189.8%, 234.0%, 179.6% and 250.4% for 2012 back to 2008.
  36. Genworth Financial, Form 10-K for FY2013: loss ratio 74%, 132% and 241% for 2013, 2012 and 2011.
  37. NAIC Mortgage Guaranty Insurance Model Act (Model #630): an annual contingency reserve contribution "equal to fifty percent (50%) of the net earned premiums", maintained for a period of years.
  38. 12 U.S.C. § 4901(2), Homeowners Protection Act: the cancellation date is, at the option of the mortgagor, the date the principal balance "based solely on the initial amortization schedule for that mortgage, and irrespective of the outstanding balance for that mortgage on that date, is first scheduled to reach 80 percent of the original value of the property securing the loan".
  39. 12 U.S.C. § 4902(b) with § 4901(18): the requirement "shall terminate… on the termination date if, on that date, the mortgagor is current on the payments", the termination date being when the balance, "based solely on the initial amortization schedule", is "first scheduled to reach 78 percent of the original value".
  40. Fannie Mae Selling Guide B7-1-03, lender-purchased mortgage insurance: the lender increases the servicing compensation it retains "by at least the amount of the mortgage insurance renewal premium". The cost sits in the loan pricing rather than as a separate borrower charge.
  41. MGIC filed rate card, Borrower-Paid & Lender-Paid Monthly Premiums: a single set of rates covering both, the only payer-specific entries being a refundability surcharge and a borrower-paid-only declining renewals adjustment. Archived 2017 edition; insurers have since moved to quote engines, so the structure holds but the rates are not current.
  42. Same rate card and Fannie Mae Selling Guide B7-1-03: lender-paid coverage must be kept in force "until the mortgage is paid in full" and single premiums are non-refundable, while borrower-paid coverage runs only until scheduled amortization reaches 78% of original value.
  43. Freddie Mac credit fee exhibit effective 1 July 2026 and Fannie Mae LLPA matrix: above 80% loan-to-value the base fee falls as the ratio rises and required coverage deepens — for a ≥780 score, 0.375% at 75–85% against 0.125% above 95%. Both agencies also charge a separate fee for taking less than standard mortgage insurance coverage, which only makes sense if the base grid assumes standard coverage is present.
  44. MGIC Investment Corporation, Form 10-K for FY2012: "From January 1, 2008 through December 31, 2012, we estimate that total rescissions mitigated our incurred losses by approximately $2.9 billion", and rescissions resolved approximately 28% of claims received in a quarter at the 2009 peak, falling below 10% by 2012.

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