Commercial Title Insights — Title Industry Edition | June 2026
A monthly briefing for the title industry — Michigan agents, out-of-state agents, and underwriting counsel.
Title Industry Pulse
ALTA Advocacy Summit Puts ALTA 49 and 49.1 Endorsements Front and Center
At the May 11–13 ALTA Advocacy Summit in Washington, D.C., ALTA launched a new in-person session focused exclusively on communicating why the ALTA 49 and 49.1 endorsements matter — framing title insurance as the strongest defense against fraud and labeling it essential, not optional. Bipartisan discussion with the Housing and Insurance Subcommittee chair and ranking member covered housing supply, affordability, and the ongoing role of title in protecting property rights.
Source: ALTA Advocacy Summit, May 2026
Wire Fraud Losses Hit $16.6B; AI Eliminates the Grammatical Tells
The FBI's 2025 Internet Crime Report tallied $16.6 billion in total cybercrime losses — a 33% jump year-over-year. AI-generated phishing now eliminates the grammatical errors that historically flagged fraudulent wire instructions, and deepfake voice technology is being used to impersonate title company personnel by phone. Cyber insurance coverage for seller impersonation fraud remains inconsistently available across carriers, with many policies declining to cover it.
Source: CertifID, 2026 State of Wire Fraud Report
Transaction Spotlight
Details anonymized to protect client confidentiality.
A Michigan retail development presented a layered underwriting challenge: the pad site being insured on a leasehold policy sat inside an active mixed-use center still under construction. The pad tenant — a credit tenant holding on a long-term ground lease — required full mechanic's lien coverage as a condition of accepting the leasehold policy. The ongoing construction throughout the center created open exposure running directly against the leasehold interest that underwriting would not insure around without proper documentation.
Coordinating the resolution required sworn statements from the center's general contractor and major subcontractors, and lien waivers through the most recent draw date. Sequencing those deliverables among the ground lessor, the center GC, and the credit tenant required careful coordination — the kind that only works when the underwriting conversation starts before the closing notice goes out.
Commercial Title Insight
Endorsement Availability and Approval in Michigan: What First American Writes, What Goes to Underwriting Counsel, and What They Need
Not every ALTA endorsement on the national forms list is available — or issuable at the agent level — on a Michigan commercial file. First American's Michigan underwriting guidelines divide endorsements into three practical tiers:
Forms the agent can issue at their own discretion (standard survey/location endorsements and basic coverage extensions)
Forms requiring underwriting counsel pre-approval before issuance (mechanic's lien, comprehensive, contiguity, access, and several loan-policy forms)
Forms First American does not write in Michigan without a special agreement or reinsurance arrangement
The ALTA 35-series, ALTA 9-series, and ALTA 28-series each carry Michigan-specific wrinkles around what the agent needs to deliver before underwriting will sign off.
When you're co-agenting a Michigan leg or referring a complex file, the endorsement conversation should happen before the commitment goes out — not after buyer's counsel has already requested forms you cannot deliver on the timeline.
The documents underwriting typically wants: current survey or legal description verification for location endorsements; recorded easement agreements or legal opinions for access and appurtenant easements; contractor sworn statements and lien waivers for mechanic's lien coverage; and entity formation docs with good-standing certificates for comprehensive and loan-policy endorsements on entity-held property.
Tee it up early and underwriting rarely slows a closing. Wait until the week before and it always does.
Sources: ALTA Policy Forms and Related Documents
From Dave's Desk
The MLTA Commercial Real Estate Section has been active this spring — a good reminder of how much knowledge-sharing happens in this industry when people show up. I'll be at the RPLS Summer Seminar on Mackinac Island in July and the Westcor Commercial Seminar in Columbus this fall. If you'll be at either, let's make a point to connect.
— Dave
Co-Agent and Referral Arrangements
We welcome co-agent referral arrangements on Michigan commercial transactions. If you are a Michigan agent without a commercial bench, an out-of-state agent with a Michigan leg, or an underwriter looking for a qualified Michigan specialist for a complex file, please reach out directly. We split fees on co-agent arrangements per underwriter rules and are happy to handle the Michigan portion of multi-state portfolio closings.
Stay Connected
Follow us on LinkedIn: Midwest Title Commercial | Dave Nykanen
About Midwest Title and Dave Nykanen
Midwest Title's Commercial Division is a Michigan title agency specializing in complex commercial closings — multi-parcel assemblages, entity-level acquisitions, co-insurance placements, multi-state portfolio legs, and the underwriting issues that benefit from a dedicated commercial bench. Founded and led by Dave Nykanen, a licensed Michigan real estate attorney with three decades of commercial real estate experience as both a practicing attorney and a title agent, the division regularly serves as Michigan co-agent for out-of-state agents and as a referral destination for residential-focused Michigan agents who don't carry a commercial desk.
Contact:commercial@mwtmi.com | Midwest Title | Commercial Division | Michigan-Licensed Title Insurance Agent
This newsletter is for informational purposes only and does not constitute legal advice.
