Fund News

  • The Fund will be closed for Presidents Day.

    The Fund will be closed on Monday, February 17 in observance of Presidents Day.  The Member Support Center will also be closed; however, ATIDS will be available.

    02/13/2025

  • Take a Little Vacation – Insuring Vacated Platted Streets

    Vacation is not a word often associated with title. Vacation is typically an eagerly awaited plan or the subject of daydreams. When insuring title, however, vacation takes on a whole different meaning. “Vacation” of a platted street or alley means that the public’s interest in a property is being eliminated or “vacated.” This article will discuss what interests are created in the streets and alleys by virtue of the platting process, and once a street or an alley (hereinafter referred to as “street”) is vacated, who owns that vacated land, in what proportion, and the steps for insuring. 

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    02/03/2025

  • Dealing with Deed Restrictions

    Frequently, Fund Members receive a Commitment with a deed restriction that one party to the transaction finds objectionable. This article is meant to be a practical guide for addressing those title objections. Read the article

    01/02/2025

  • Escheatment Tax Deeds

    Most real property practitioners are familiar with tax deeds incident to the nonpayment of real property taxes. However, escheatment tax deeds are less common. This article addresses the guidelines for insuring when the tax deed process becomes an escheatment tax deed process. Read the article

    12/02/2024

  • Melissa Jay Murphy Named 2024-2025 FLTA President

    Industry Leadership at its Finest! Yesterday, Florida Land Title Association (FLTA) members installed Fund General Counsel Melissa Jay Murphy as their 2024-2025 President.

    11/12/2024

  • Navigating Mortgage Payoffs - Practices and Tips to Prevent Common Pitfalls

    In today’s real estate market, one can never be too careful when it comes to mortgage payoffs. The mounting increase in payoff fraud and wire diversion continues to disrupt the real estate market as fraudsters find more creative and devious ways of defrauding unsuspecting parties who fall victim to their ploys. This article will revisit mortgage payoffs, address some common underwriting questions, and recommend some best practices and tips to incorporate into the daily practice of handling transactional closings. Read the article

    11/01/2024

  • The Importance of Conducting a Pre-Closing Update

    Although not easily recognized by its formal name, EX001, the pre-closing update clause appears on nearly every commitment for title insurance prepared by The Fund. The requirement is an important reminder to obtain a title update prior to closing: “An update of the title search must be completed just prior to the closing, and the commitment must be endorsed to require clearance of or take exception for, any additional title defects or adverse matters found.”  While this requirement seems simple enough, its satisfaction is critical before closing and issuing a policy of title insurance. 

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    10/01/2024

  • Powers of Attorney: The Essentials

    Powers of attorney are used to facilitate a transaction when a party is unable to sign the closing documents in person. The purpose of a power of attorney is to give authority to another person, the “agent” or “attorney in fact,” to act on behalf of the person granting the power of attorney, the “principal.” In Florida, Sec. 709.2105(1), F.S., provides that the agent may be “a natural person who is 18 years of age or older or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state.” Chapter 4 of the Fund Title Notes discusses powers of attorney in detail. The purpose of this article is to provide Fund Members with the key points of powers of attorney and how they are used in real estate transactions.

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    09/01/2024

  • The New Florida “My Safe Condominium Pilot Program”

    During the 2024 session, the Florida Legislature passed House Bill 1029 (HB 1029), establishing an important pilot program for hurricane mitigation designed to help protect condominiums in Florida. The bill was approved by the Governor and assigned Session Law 2024-108, effective July 1, 2024. This article will highlight the significant provisions of the new law. 

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    08/01/2024

  • From Oaths to Pixels: Navigating Remote Online Notarization in Florida

    As Florida has embraced technological advancements in the notarial process by allowing online notary publics to perform remote online notarization (RON), certain scenarios recur for Fund Members, leading to questions about Fund Underwriting approval requirements. The most frequent questions posed by Fund Members involve the requirements for Fund Underwriting RON approval when the signer is a foreign national. These situations require additional analysis as opposed to scenarios where the signer is a United States citizen. 

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    07/01/2024

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