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
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States that have Enacted NTRAPS Legislation
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NTRAPS Articles
Recent 2026 2025 2024 2023 2022
MV Realty Settles NTRAP Suit, But More Legal Woes Loom
NTRAPs, which have drawn the ire of the title industry, typically target older homeowners, and Massachusetts claimed MV Realty falsely implied its product was a government program, promotion or giveaway. Both the American Land Title Association and AARP are leading efforts to enact NTRAP bans, which currently are in force in 33 states.
MV Realty Listing Agreement Enforcement Barred in North Carolina
The American Land Title Association (ALTA) joined the North Carolina Land Title Association (NCLTA) and AARP in praising the ruling. “This decision is a major win for North Carolina homeowners and a clear message that deceptive agreements undermining property rights will not be tolerated,” said Caroline Cone, ALTA director of state government affairs.