Closing Protection Letter (CPL). What is it and why do they want one?
A Closing Protection Letter is added protection for the Insured Party (usually the lender/buyer) against actual loss of funds incurred within a specific transaction due to misconduct by the closing agent. The CPL explains the requirements for qualifying, the conditions that must be met, and what situations are excluded from coverage.
Historically, the protection liability fell to the closing agent, but if a title company went out of business or became corrupt, the parties to the transaction wanted additional protection for their funds. They wanted the same type of financial backing that a title policy provides. Thus, the creation of the Closing Protection Letter. With all the changes in the law from the Dodd-Frank Act, the lender may now be considered directly liable for the acts of a closing agent (See 12 U.S.C. §§ 5514). Because of this, CPLs are standard for most transactions involving a lender.*
Although each Underwriter’s terms may vary slightly, on a typical CPL, the Underwriter agrees to reimburse the Insured Party when…
- The closing agent fails to follow the written closing instructions provided by the parties.
- The closing agent fails to disburse the transaction funds in accordance with the parties’ written
- Coverage on a CPL is usually dependent upon a title insurance policy being issued.
- CPLs are transaction specific.
- There is a charge for a CPL. Each Underwriter sets their own fees.
- There is no additional charge for amending/updating an existing CPL.
- There is no additional charge for changes in Lender.
- If the transaction cancels, there is no charge for the CPL.