Information Center

Are attorneys who do not issue title insurance through a title insurance agency required to follow the rule?

The rule is promulgated by the Department of Financial Services which does not have enforcement jurisdiction over licensed attorneys. However, The Fund feels that it is a best practice for attorneys to comply. We believe our members should strive to meet or exceed all the requirements imposed upon licensed title insurance agents.

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Can I edit the form?

Yes, but carefully. The rule has very specific requirements and the form “meets all the requirements necessary to comply” (Rule 69B-186.008(9), F.A.C.). Tinkering with it might expose one unnecessarily to the risk of non-compliance.

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How do I complete the table on the form?

The two columns on the left side of the table reflect the premium charges for the policies and endorsements, the distribution of the costs for those premiums between buyer and seller, and the subtotals and totals for each. The premium and endorsement charges come directly from page two of the Closing Disclosure form while you are responsible for calculating totals.

The two columns on the right side of the table reflect premium charges for the same policies and endorsements, the distribution, and totals. Here, however, the charges are based upon Florida’s promulgated rates and these charges will come from your Rate Sheet or other resource you use to calculate Florida rates.

On the bottom line (Total All Policies (c + f)) a total which combines all buyer and seller costs is entered in the Closing Disclosure Amount side and similarly a total is entered on the Florida Premium side. These totals should be the same.

DoubleTime® will do this automatically as long as you complete the information on the Closing Disclosure before you access this form in the Documents module.

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How do I complete the Settlement Agent Certification box?

The settlement agent name is shown as either the attorney issuing the title insurance, the title agent issuing the title insurance, or the designee of either who is performing the closing. The “Florida License Number” line to the right of the settlement agent name can be left blank unless it is being signed by the DFS-licensed title insurance agent in which case the DFS-assigned license number for that agent shall be entered. In the case of an attorney or designee of either, no number is required.

The “Title Agency Holding Funds” field is completed with the name of the DFS-licensed title insurance agency issuing the title insurance policy and/or holding and disbursing escrow funds. In the event an attorney or law firm is issuing the policy and/or holding and disbursing trust account funds, The Fund best practice is to enter the name of the attorney or law firm on this line.

The “Florida License Number” line to the right of the title agency name is completed with the entry of the DFS assigned license number of the title agency. A Fund best practice is to enter the Florida Bar assigned license number of the attorney, but if a law firm is described then no number need be entered.

DoubleTime® will do this automatically once the settlement agent information has been completed for the transaction.

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What do I do with the form once it is completed?

A completed and signed copy must be provided to the buyer, seller and lender named in the transaction; and maintained in the title insurance agency file for at least five years. (Rule 69B-186.008(8), F.A.C.)

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Where can I get a copy of the new DFS-H1-2146 form?

There are PDF and Word formatted versions on the Fund’s website.

Pdf - Florida Title Insurance Premium Agent

Word -  Florida Title Insurance Premium Agent

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