Background
The practice of submitting Non-Title Recorded Agreements for Personal Services (NTRAPS) for inclusion in property records characterized as liens, covenants, encumbrances, or security interests in exchange for money has recently emerged throughout the country. These agreements obligate the current owner to use the other party’s services in the future, and further attempt to bind successor owners by purporting to create a real property interest. Failure to comply with these agreements may give rise to a lien against the property to secure liquidated damages.
ALTA Position Statement
The American Land Title Association (ALTA) supports efforts to protect consumers by prohibiting the filing of unfair real estate fee agreements in property records, a practice that creates impediments and increases the cost and complexity of selling, refinancing, or transferring real estate. ALTA advocates for state laws and regulations preventing enforcement of Non-Title Recorded Agreements for Personal Services (NTRAPS).
State Legislative Tools
State Regulatory Action
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States that have Enacted NTRAPS Legislation
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NTRAPS Articles
MV Realty Begins Terminating 40-Year Contracts in Florida
MV Realty has started releasing Florida homeowners from its 40-year predatory contracts nearly four months after the 13th Judicial Circuit in Hillsborough County, Fla., ordered the brokerage to terminate the agreements.
New Hampshire Bans Unfair Real Estate Fee Agreements
New Hampshire joined 31 other states passing bills that protect homeowners from the predatory practice of filing unfair real estate fee agreements in property records, known as Non-Title Recorded Agreements for Personal Services (NTRAPS).