Fund News and Alerts

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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09/03/2024

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

Restoration of Priority: Applying the Revised Notice of Termination Statute

Title insurers are routinely called upon to insure loans on property before, during, and after construction. The priority of the loan is of paramount importance to the lender in every instance. Florida’s Construction Lien Law, Sec. 713.13, F.S., contains the concept of the notice of commencement. The notice of commencement marks the beginning of construction and establishes a single point in time to which any liens filed against the property relate back. A notice of commencement is valid for one year (or longer if so provided). Its primary purposes are to create an equal playing field for all who work on a project and eliminate disputes over the priority of lienors’ claims filed at various times during construction. A notice of commencement can create a challenge to the loan priority if it is recorded and unexpired prior to a mortgage in a current loan transaction. 

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06/03/2024

Issuing Implementing Rules to Florida’s Foreign Interest Law

The Department of Agriculture and Consumer Services Joins the Department of Commerce in Issuing Implementing Rules to Florida’s Foreign Interest Law.

On Mar. 15, 2024, the Florida Department of Agriculture and Consumer Services (FDACS) issued rules implementing the provisions of Ch. 2023-33, Laws of Florida, relating to the interests of foreign principal ownership of agricultural land. The FDACS rules went into effect on Apr. 4, 2024, and are in Ch. 5J-27, F.A.C. The rules mirror in many ways the implementing rules issued earlier this year by the Florida Department of Commerce (FDOC) relating to the interests of foreign principal ownership of non-agricultural real property. The FDOC rules are in Ch. 73C-60, F.A.C. This article will highlight some key aspects of the FDACS and FDOC rules. 

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05/01/2024