Fund News and Alerts


2023 Sightings of Florida’s ”Legal Chameleon”

2023 Sightings of Florida’s ”Legal Chameleon”

Florida’s homestead exemption laws have been compared by legal scholars and courts to a chameleon “which changes color to accord with the background against which it is viewed.” Crosby and Miller, Our Legal Chameleon: The Florida Homestead Exemption, 2 U. Fla. L. Rev. 12 (1949). Under Florida’s Constitution and Statutes, there have developed three distinct aspects of Florida homestead law: (1) exemption from creditor’s claims, (2) restrictions on alienation, and (3) tax exemptions and benefits. Art. X, Sec. 4(a), Fla. Const., protects the homestead from forced sale by creditors unless the judgment stems from one of the limited exceptions in the Constitution. Art. X, Sec. 4(c) Fla. Const., establishes restrictions on the alienation of a homestead. Restrictions with respect to the devise and descent of homestead property are codified in Secs. 732.401 and 732.4015, F.S. Art. VII, Secs. 4(d) and 6, Fl. Const., set forth Florida’s homestead tax exemption laws which are codified in Ch. 196 and Sec. 193.155, F.S. This update covers the 2023 reported state and federal case sightings of the Florida “legal chameleon” (a/k/a Homestead).

Read the article

02/01/2024


ClosingVue Training & Support Makes Your Transition Easy

ClosingVue Training & Support Makes Your Transition Easy

Stop Worrying; Start Learning!

Worried about learning the ins and outs of a new closing software? Relax. ClosingVue, the title and settlement production software for Fund Members, makes the transition easy.

01/30/2024


Fraud and Forgery - Catch Me If You Can

Fraud and Forgery - Catch Me If You Can

The rise in instances of fraud and forgery in real estate transactions continues to sound alarms across the industry. The statistics governing fraud and forgery and the way the parties are targeted gives all of us cause for concern. CertifID, a third-party verification service, reports that 2023 data it collected revealed that there was a record fivefold increase in mortgage payoff fraud attempts from the first quarter to the second quarter alone.  Read the article

01/02/2024


Policy Provision Made Plain: Liability Noncumulative

Policy Provision Made Plain: Liability Noncumulative

With the recent rise in the number of fraudulent transactions, there has been a related increase in claims for complete failure of title. In these circumstances, both the insured owner and lender may have covered claims. Provision 10 of the 2021 Owner Policy, Liability Noncumulative, reduces the amount of funds available to be paid to the insured owner by the amount that the insurer has paid under a covered claim to the holder of a mortgage on the owner’s property. There has been similar language in the ALTA (American Land Title Association) policies since at least the 1970’s. Although the provision in the new 2021 polices is not new, it is still often misunderstood. Read the article

12/01/2023


Keep Everyone Updated with ClosingVue

Keep Everyone Updated with ClosingVue

Where Are We On…? How Soon Can I Expect…? When Should We Send…?

Imagine no more back and forth with everyone about the closing process status.  What would you do with the extra time? 

Find out with ClosingVue, the title and settlement production software for Fund Members. 

11/29/2023


Recognizing and Addressing Construction-Related Claims of Lien on T...

Recognizing and Addressing Construction-Related Claims of Lien on Title

The Florida Construction Lien Law, Ch. 713, Part 1, F.S., (the Act) serves a dual purpose. Its origins were to establish financial protections to those who furnish labor, services, or materials to improve real property (a lienor) by creating a nexus linking those who improve the land to payment guaranteed by it. The Act also seeks to protect landowners from charges against their property when improvements are being made to their land.  Read the article 11/01/2023


Prevent Losses & Reduce Errors Automatically with ClosingVue

Prevent Losses & Reduce Errors Automatically with ClosingVue

Experience the Power & Protection of ClosingVue

Does your closing software help you prevent lossesreduce common accounting errors and safeguard escrow fundsClosingVue does! 

10/26/2023


FinCEN GTO Extended; Eight More FL Counties Must Report Beginning N...

FinCEN GTO Extended; Eight More FL Counties Must Report Beginning November 21, 2023

A new Geographic Targeting Order (GTO) has been issued effective beginning October 22, 2023, and ending April 18, 2024 for Miami-Dade, Broward and Palm Beach counties, and for the newly added counties of Hillsborough, Pasco, Pinellas, Manatee, Sarasota, Charlotte, Lee and Collier, for which the effective date is November 21, 2023, ending April 18, 2024.

View the New Geographic Targeting Order (GTO)

10/20/2023


ALERT! Do Not Fall Victim to Fraud

ALERT! Do Not Fall Victim to Fraud

Ensure that you have thoroughly vetted the parties to the transaction, especially the Seller!

10/17/2023


Application of Surveys to The ALTA 9-06 Endorsements With Florida M...

Application of Surveys to The ALTA 9-06 Endorsements With Florida Modifications

The Form 9 endorsements as approved by the American Land Title Association (ALTA) were modified for use in Florida. For the purposes of this article, the entire series of ALTA 9-06 Endorsements with Florida modifications will be referred to as “Form 9 Endorsement.” As part of the closing process, a Fund Member typically receives a request from a lender and occasionally from an owner for the issuance of an unmodified (often referred to as “clean”) Form 9 Endorsement with the title insurance policy. The Fund’s Underwriting Department often receives inquiries seeking assistance with the review of a survey and determining whether an unmodified Form 9 Endorsement can be issued. This article addresses some common issues seen when reviewing a survey and its effect on issuing an unmodified Form 9 Endorsement.
Read the article

10/02/2023

Displaying results 1-10 (of 146)
 |<  < 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10  >  >|