Fund News and Alerts

The Fund will be closed on Monday, May 30 in observance of Memorial Day.

  05/26/2022

“New & Improved” E-Closing DT: See for Yourself

Check it Out! E-Closing DT is now loaded with new features and capabilities that make this closing software even better and easier to use. 

 

05/18/2022

ALERT! FinCEN GTO Extended

A new Geographic Targeting Order (GTO) has been issued effective April 30, 2022 and ending on October 26, 2022.

View the New Geographic Targeting Order (GTO)

05/02/2022

Addressing Specific Title Objections Relating to Surveys and Tenants

Fund Members must address title objections from lenders, buyers, and even sellers. These parties have different stakes in the transaction, and their title objections will be reflective of their various interests. Contract provisions are also likely to dictate what is or is not objectionable, who may object, when objections and responses must be made, and by which party. When faced with title objections, discerning what can be modified or deleted is both science and art. This article focuses on two of the most common specific title objections, survey matters and tenants in possession, and offers step by step guidance for analyzing the merits of the objections and determining potential resolutions. Read the article 05/01/2022

E-Closing DT: You Spoke; We Listened

A lot has happened in two years.  New features and capabilities have been added to E-Closing DT, the cloud-based closing software, to make your experience the best it can be. It’s definitely worth a look!  

04/22/2022

Alert - Scam Involving Sale of Vacant Lots – it is still with us!

Alerts about this scam have been sent to Fund Members in 2009, 2010 and 2018.  This scam has not gone away!

04/12/2022

Sole Member Limited Liability Companies and the LLC Charging Order

The Fund’s title insurance commitment requirement to confirm the authority of the individual designated to bind an LLC includes the requirement to determine if the LLC is a sole member LLC:

Confirm the authority of the individual designated to bind the LLC by the laws of its jurisdiction of formation, and where the authority is not confirmed by public records, record appropriate evidence of authority. If the LLC is a sole member LLC, provide the name of the sole member for review. The Company reserves the right to make further requirements. (emphasis added).

The purpose of the requirement to disclose whether the LLC is a sole member LLC is to determine if the LLC may be exposed to judgment creditors of the sole member due to the statutory distinction between multi-member and sole member LLCs in the application of charging orders as provided by Sec. 605.0503, F.S. Read the article

04/01/2022

Alert - Closings Involving Sanctioned Russian Banks Cannot Be Completed

In light of the U.S. Federal government sanctioning of Russian banks pursuant to Executive Order, closings involving sanctioned Russian banks cannot be completed. This includes requesting payoffs of mortgages or the sending of any funds to satisfy a mortgage.

03/04/2022

2021 Sightings of Florida’s Legal Chameleon

This article provides a brief overview of the homestead provisions of the Florida Constitution and a discussion of the relevant case law from 2021.

Homestead Provisions of the Florida Constitution

The Florida Constitution contains three provisions that apply to homestead property. The first, under Art. VII, Sec. 6, Fla. Const. 1968, provides owners of homestead property with tax exemptions related to valuation for ad valorem taxes. The second, under Art. X, Sec. 4(a), Fla. Const. 1968, provides owners of homestead property with protection against forced sale by creditors unless the debt is for taxes or other obligations contracted to purchase or improve the property. The third provision, under Art. X, Sec. 4(c), Fla. Const. 1968, restricts alienation and devise of homestead property.

Historically, courts have liberally construed the homestead exemption from forced sale for the benefit of the person claiming homestead. On the other hand, courts have strictly construed the homestead tax exemption. Accordingly, Fund Members should keep the differing standards of review in mind when analyzing matters related to Constitutional homestead provisions. Read the article

 

03/01/2022

Hello from Fund CEO & President Jeff Rogero

Hello Fund Members,

I wanted to introduce myself to you as the new CEO & President of The Fund. It is an honor to take on the mantle of leadership of great people like Chuck Kovaleski, Jimmy Jones, and Gwen Geier who ensured The Fund always stayed true to our Mission.

02/17/2022