Title Insurance Agency Survey (May 2025) - Inquiry Regarding Affiliated Business Arrangements

The following information is required to be entered to submit the survey. Please ensure the information is accurately entered.

The Michigan Department of Insurance and Financial Services (DIFS) is reviewing affiliated business arrangements (“AfBAs”) in the title insurance industry. The Department is sending this request to all title insurance agencies licensed in the State of Michigan to facilitate its review.

Please note that State insurance commissioners, such as the Director of DIFS, are authorized to enjoin violations of the federal Real Estate Settlement Procedures Act (RESPA),12 USC §2601 et. seq.

RESPA defines an affiliated business arrangement (AfBA) as:

(A)n arrangement in which (A) a person who is in a position to refer business incident to or a part of a real estate settlement service involving a federally-related mortgage loan, or an associate of such person, has either an affiliate relationship with or a direct or beneficial ownership interest of more than 1 percent in a provider of settlement services; and (B) either of such persons directly or indirectly refers such business to that provider or affirmatively influences the selection of that provider. 12 USC §2602(7).

Furthermore, RESPA defines “associate” as follows:

The term “associate” means one who has one or more of the following relationships with a person in a position to refer settlement business: (A) a spouse, parent or child of such person; (B) a corporation or business entity that controls, is controlled by, or is under common control with such person; (C) an employer, officer, director, partner, franchisor or franchisee of such person; or (D) anyone who has an agreement, arrangement or understanding, with such person, the purpose or substantial effect of which is to enable the person in a position to refer settlement business to benefit financially from the referrals of such business. 12 USC §2602(8).

Using the definitions contained in RESPA, please respond to the following questions. Please be advised that you may or may not receive further correspondence from DIFS concerning AfBAs, regardless of how you respond to the survey.

I attest that I am authorized to respond to this survey on behalf of the named agency and that the foregoing survey responses are complete and accurate to the best of my knowledge, information, and belief. I understand that the failure to provide complete and accurate responses to this survey may subject me and or the named agency to DIFS administrative action.