Fund News and Alerts

UCC-1: The What, Why, and Where of Financing Statements

Commercial mortgages are rarely recorded without a corresponding UCC-1 financing statement (UCC-1). In addition to the real property, commercial lenders often require additional collateral as consideration for making the loan. A UCC-1 is required to establish the lender as a secured party and perfect the lender’s security interest in that other collateral. Perfection establishes the order of priority of claims of multiple creditors with a secured interest in the same collateral; i.e., who gets paid first in the event that the borrower defaults and there is a forced sale of the collateral.  Read the article

09/01/2022

ALTA 2021 Forms Coming Soon!

The Florida Office of Insurance Regulation (OIR) has approved the 2021 American Land Title Association (ALTA) forms for use in Florida.  

The new forms (including a new Commitment, Loan and Owner’s Policies, Short Form Residential Loan Policy and Endorsements) will be available soon. OIR has approved use of the new ALTA 2021 Policy forms in October. 

Important: You will be required to use the new ALTA 2021 forms after a short transition period.

08/29/2022

Work Safely & Securely with Cloud-Based E-Closing DT

Our industry is under attack by cybercriminals. Take the next step in data protection with cloud-based closing software E-Closing DT! 08/17/2022

Alert: Vacant Lot Scams – Beware of Notarizations Taken Abroad

Previous alerts on this issue have been sent in 2009, 2010, 2018 and 2022. 

On April 12, 2022, The Fund released an alert regarding an increase in the volume of fraud scams concerning vacant lots; the most common being an unencumbered vacant property whose owner lives outside of the United States.  The fraudster poses as the legitimate owner of the property and (in most instances) forges a deed from the true owner to our insured owner(s).  A claim arises when the true owner of the property comes forward to challenge the insured deed, many times in the form of a suit to quiet title.

08/15/2022

Title Now Podcast: Cryptocurrency, Blockchain and Real Estate Transactions

A new episode of Title Now is now available! Tune in to learn about the roles cryptocurrency and blockchain play in the world of real estate transactions.  Find out about the risks, advantages, and how this may affect YOU in your practice. 

Listen In: Apple Podcasts, Google Podcasts or Online

08/12/2022

Contending with Memorandums of Interest

The Fund has noticed an increase in the number of recorded instruments titled “Memorandum of Interest” or words of similar import (the Memo) affecting real property throughout the state. The Memo typically refers to a Homeowner Benefit Agreement (Agreement) and is recorded in the public records to memorialize the Agreement and give notice of its specific terms. Such Agreements can affect real property in numerous ways and are often purported to be in effect for lengthy terms – decades in many instances. This article explains the Agreements, and their impact on owners’ and purchasers’ title to real property. In addition, this article identifies insuring concerns, and discusses approaches for obtaining satisfactions and releases from said Agreements. Note should be taken that specific Agreement terms may vary and examples discussed here are for illustrative purposes only. Read the article 08/01/2022

The Sky’s the Limit with Cloud-Based E-Closing DT

On vacation? Working remotely? Meeting with a client? Access and manage files safely and securely from anywhere with Fund-friendly, cloud-based E-Closing DT! 

07/20/2022

FREE On-Demand Webinar: Avoiding Mortgage Payoff Fraud

Real estate practitioners face pronounced dangers due to cybercrime. Learn the nature and type of cybercrimes affecting Florida real estate closings; why mortgage payoff fraud is more pernicious than other types of cybercrimes, and steps the frontline practitioner can take to help reduce today’s threat vectors, including the implementation of new technologies, and the role of insurance. Watch Now

07/13/2022

Title Now Podcast: Homeowner Benefit Agreements

A new episode of Title Now is now available! Tune in to learn about a new title issue appearing in title searches.  These Agreements obligate an owner to pay a real estate commission, contain covenants running with the land, and potentially create a lien against the property that could be adverse to a buyer.  Don’t be caught off guard if one of these appears in your title search. 

07/07/2022

Avoiding Fraudulent Transactions: A Guide For Fund Members

The Florida real estate market has been very active for the last two years, spurred on by low interest rates on mortgages and a large influx of people relocating to the state. Unfortunately, with increasing land values and sales volume, it was inevitable that criminals have once again taken note of Florida’s prosperity and are attempting to steal as much as they can through fraudulent transactions. Read the article

07/01/2022