State Legislative Tools 

NTRAPS Articles

Recent 2023 2022

Maryland joined a growing list of states to pass legislation that protects homeowners from the predatory practice of filing of unfair real estate fee agreements in property records, known as Non-Title Record Agreements for Personal Service (NTRAPS). The legislation, which goes into effect June 1, is supported by ALTA, the Maryland Land Title Association (MLTA), AARP and AARP Maryland.

Pennsylvania’s attorney general and others across the county sued MV Realty and the company voluntarily gave up its practice. Now, an industry organization is taking action. “It’s very disconnecting to see business models that seek to siphon people’s home equity,” said Elizabeth Blosser with the American Land Title Association. “Our primary purpose is to protect people’s property rights.” 

Colorado, Georgia, Tennessee, Idaho and North Dakota became the latest states to pass legislation protecting homeowners from the predatory practice of filing of unfair real estate fee agreements in property records, known as Non-Title Record Agreements for Personal Service (NTRAPS). ALTA has prioritized combating this abusive and anti-consumer activity in the marketplace, and worked with national stakeholders to design model legislation to ban this practice. 

North Carolina became the fifth state to file a lawsuit against real estate firm MV Realty alleging that the company violated laws prohibiting unfair and deceptive practices by tricking homeowners into signing 40-year real estate agreements. ALTA has worked with national stakeholders to design model legislation to make these types of unfair agreements unenforceable, prevent the recording of the agreements in land records and provide consumers with options for seeking damages. 

ALTA has prioritized combating this abusive and anti-consumer activity in the marketplace, which adds costs and complications to the transfer or financing of real estate. ALTA has worked with national stakeholders to design model legislation to make these types of unfair agreements unenforceable, prevent the recording of the agreements in land records and provide consumers with options for seeking damages. Utah became the first state that passed legislation protecting homeowners from the predatory practice of filing of unfair real estate fee agreements in property records. ALTA helped draft the bill with input from national stakeholders.