Fund News and Alerts

Decanting a Trust: Is There Reason to “Wine” About It?

Most people are familiar with decanting wine but do not know that a trust can also be decanted. According to Merriam-Webster.com, the term “decant” is defined as, “to pour out, transfer, or unload as if by pouring.” That is essentially what decanting a trust is. When a trust is decanted, the authorized trustee uses their authority to invade the trust principal to appoint all or some of the assets of the original trust to another trust. The authority of a trustee to decant a trust has been recognized in Florida since 1940. (Phipps v. Palm Beach Trust Co., 196 So. 299 (Fla. 1940)). The power to invade principal in trust or “decant” was later codified in Sec. 736.04117, F.S.

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04/01/2021

Understanding Tenant Estoppels and the SNDA

Fee simple absolute title is usually described as “the full bundle of sticks.” Often, in a commercial transaction, the seller does not have the full bundle of sticks to convey. Typically, at least one tenant has the stick of possession via a lease. A purchaser or lender typically requires estoppel letters from every tenant and the landlord in order to determine the status of their rights and obligations under existing leases.

Read the article. 03/01/2021

2020 Sightings of Florida’s Legal Chameleon

This article covers both Florida and federal cases involving homestead, Florida’s “legal chameleon,” for 2020. This article provides a brief overview of the homestead provisions of the Florida Constitution and a discussion of the relevant case law from 2020.  Read the article.

02/01/2021

A Great, Quick Way to Stay In the Know — Tune In to Title Now

Tune in to Melissa Jay Murphy’s free, 30-minute Title Now PopUp Webinars

11/25/2020

Exciting News: Award Recognizes The Fund as a Great Place to Work!

The Orlando Sentinel has named The Fund a 2020 Top Workplace in Central Florida, an honor based on feedback shared by our Headquarters, Polk and Volusia team members in an employee survey that measures 15 drivers of engaged cultures, including alignment, execution and connection, to name just a few. 

11/23/2020

Practice-Enhancing Resources to Help You Now

One Page; Tons of Resources to Help You Close Safely

11/10/2020

Marketing Made Easy: Daily Tips & Suggestions

November's Marketing Calendar is Now Available! Let clients and prospects know you are grateful for the opportunity to serve them.

10/30/2020

What’s Happening, What Matters and What Do You Really Need to Know?

The “411” for Fund Members. Find out in The Fund’s Information Center

10/28/2020

UPDATE: CARES Act/Federal and State Moratorium on Foreclosures & Evictions Extended

Governor’s Executive Order Extended/Amended

09/02/2020

Alert: Fund/Florida Underwriting Bulletin COVID-19 – CARES Act and Federal Foreclosures – Further Extended. Governor’s Executive Order Extended/Amended

Summary: By Executive Order 20-180, the moratorium on Florida foreclosures and residential evictions has been extended to August 31, 2020.  Further the Governor DeSantis has clarified that the moratorium applies to only residential foreclosures & evictions and only for those who have been adversely impacted by COVID-19. Additionally, the CARES ACT moratorium on residential foreclosures or foreclosure related evictions of residential loans insured or guaranteed by FHA, VA, USDA or loans that are owned or securitized by Fannie Mae or Freddie Mac has been extended to August 31, 2020. 

08/03/2020