Changes to the Florida Unlawful Inducement Rule

Also included: Paralegal Certification Program; Updated Title Notes and Standard Commitment Clause Handbook; Blockchain Futility

Dear Members,

Changes to the Florida Unlawful Inducement Rule: There have been several questions recently about the meaning of the recent revisions to Florida's unlawful inducement rule. These changes came out of an industry concern that loan closing instructions began including requirements that didn't feel right to title agents or our regulators. For example, some loan closing instructions required that the title/settlement agent bear the responsibility for making any post-closing refunds to the borrower when required under TRID. Some instructions required that if updates were requested post closing, they had to be done at no charge. Therefore, you now see specific language that prohibits an agent from doing this. The strategy is that you can show this rule to the lender and tell them "I can't do what you are asking because I will be in violation of this rule." The recent amendments also include suggested language for a title agent to add to the loan closing instructions when you sign them that says "I agree to do everything in here except those things that violate Florida law." Review the new rule with the changes redlined.

Paralegal Certification Program: At Fund Assembly, CEO Jimmy Jones announced our partnership with Seminole State College(SSC) for a Real Estate Paralegal Certification program focusing on the skills and training required for top notch real estate closers and paralegals. Fund Members have been concerned about the difficulty of finding qualified closers/paralegals to staff their offices. We heard you and we responded! The Fund is providing oversight of the course curriculum and materials and SSC is handling the application, enrollment and instruction. Classes start in August 2018 and interested persons can apply now. If you are interested in finding out more, visit thefund.com/repc.

Updated Title Notes and Standard Commitment Clause Handbook: 
The revised and updated Title Notes (your guide to peace and happiness) and the Standard Commitment Clause Handbook (your guide to perfectly worded clauses) are available NOW. This is an annual process that involves a tremendous effort from our Underwriting team and others. Important changes have been made this year to simplify many of our commitment clauses so it makes for interesting reading. 

Blockchain Futility: 12 webinars and panel presentations later and I still don't understand Blockchain. Hoping to retire before I really have to figure it all out.

Let me know how we can help you.

Melissa Jay Murphy
Executive Vice President, Chief Legal Officer,
General Counsel and Secretary