AN ACT CONCERNING THE FEES PAID FOR A TITLE SEARCH IN A FORECLOSURE JUDGMENT.

2025 Regular Session Introduced by Joe Zullo

HB 5446 changes how title-search fees are treated in foreclosure judgments, potentially capping or clarifying who pays and who can recover the costs.

REF. TO JOINT COMM. ON Judiciary

#fees #foreclosure #landtitles

Summary — HB 5446

Title: AN ACT CONCERNING THE FEES PAID FOR A TITLE SEARCH IN A FORECLOSURE JUDGMENT
Bill No.: HB 5446
Subject: Fees; Foreclosure; Land titles
Status (as of record): Referred to Joint Committee on Judiciary; committee substitute reported favorably; placed on General State Calendar; laid on table subject to call. Companion: SB 1025.

Purpose / Intent

Based on its title, HB 5446 addresses how fees for a title search are handled in the context of a foreclosure judgment. The bill is intended to modify the statutory treatment, allowance, or calculation of title-search fees that arise during judicial foreclosure proceedings. The aim is likely to clarify who pays such fees, cap or standardize fee amounts, or specify whether title-search costs may be recovered as part of court-ordered costs in a foreclosure judgment.

Key procedural actions (timeline)

Filed: 2025-03-14

Referred to Joint Committee on Judiciary: 2025-03-14 (note also a 2025-01-17 referral entry)

Read first time; referred to Ways & Means: 2025-04-07

Public hearing & testimony taken: 2025-04-21

Committee substitute considered and reported favorably as substituted: 2025-04-24

Committee report sent to Calendars and placed on General State Calendar: 2025-04-30; 2025-05-06

Companion bill (SB 1025) considered in lieu of HB 5446 and HB 5446 laid on table subject to call: 2025-05-07

The committee substitute and favorable report indicate the bill’s language was revised in committee before being advanced.

Who would be affected

Homeowners/borrowers involved in foreclosure proceedings (potential change to out-of-pocket or recoverable costs)

Mortgage lenders and servicers (changes in ability to recoup title-search costs)

Title companies and abstractors (potential changes to fee structures or recoverability)

Courts and clerks (administrative handling of cost awards)

Attorneys representing parties in foreclosures (billing and cost petitions)

Potential impacts (illustrative)

If fees are capped or limited, title companies’ revenue from foreclosure title searches could fall.

If the bill limits recovery of title-search fees from borrowers, foreclosure costs to homeowners could be reduced.

If the bill clarifies that such fees are taxable as court costs, lenders may more routinely recover them, affecting net borrower liability.

Administrative changes could streamline cost awards or require itemization/standards for title-search charges.

Uncertainties / Next steps

The legislative summary above is based on the bill title and procedural history; the full bill text and committee substitute are needed to identify precise changes (for example: caps, formulas, definitions, effective dates, retroactivity, and enforcement mechanism). Review HB 5446’s enrolled text, the committee substitute, and companion SB 1025 for final language and any fiscal notes or fiscal-policy changes.