Fund News and Alerts

By: Michael Rothman, Esq., Fund Legal Education Manager 

​Introduction 

Business Email Compromise (BEC) fraud and other social engineering frauds remain a real concern for all those engaged in the real estate profession. A single uninsured and misappropriated wire transfer in the hundreds or even tens of thousands of dollars can cripple one’s business.  Per the latest FBI statistics, the real estate sector is now the most targeted area for BEC fraud. In 2017, nearly $1 billion ($969 million, to be precise) was diverted or attempted to be diverted from real estate purchase transactions and wired to criminally controlled accounts. With losses come lawsuits, and real estate licensees and title insurance agencies oftentimes are the targets. Real estate professionals therefore need ask themselves whether they have -- or need -- coverage in place to insure against a security breach, lawsuit and potentially catastrophic loss.

11/26/2018

By: Michelle Gomez Hinden, Esq., B.C.S. and assisted by Flor Leiva, Law Clerk

FR/BAR CONTRACTS: Reconsidering the differences between the “AS IS” Contract and the Standard Contract in the wake of Diaz v. Kosch

Florida Real Estate Attorneys and Real Estate Licensees have found guidance in a 2018 landmark case, Diaz v. Kosch, coming out of Florida’s Third District Court of Appeal. After six years of litigation arising from a $2,850,000.00 residential real estate contract, the Third District Court delivered its noteworthy opinion interpreting the “AS IS” Residential Contract for Sale and Purchase that was drafted, jointly, by the Florida Realtors and the Florida Bar.

09/12/2018

By: Charles D. Nostra, Esq.

Property Assessed Clean Energy (PACE) programs provide an alternative way for Florida property owners to finance certain energy efficiency and wind resistance (i.e. hurricane hardening) improvements. This no money down, 100% financing program is being heavily marketed in Florida ( especially South Florida) by telemarketers, mailings, TV & radio commercials and direct door-to- door solicitation.

07/30/2018

Meaningful content is key when leveraging online marketing.  To add to your content stack we are going to share three topic ideas to use on social media to help drive direct consumer business to your title insurance practice.  A lot of marketing in the title industry has been historically focused on real estate agents and lenders – and rightfully so.

06/19/2018

It’s 2018 and the big question is what are you doing to help market your title insurance practice in a meaningful way? 

If you are still thinking about that answer, we’d like to share seven tips to help you jump start your plan or enhance the one you have!

05/23/2018

If you are beginning to develop an online presence or exploring ways to freshen things up, your website is a great place to start.  Your website is one channel that most of your customers will likely tune in to and will serve as a landing spot for any other online marketing you may do through social media, email, video, etc.    

So where is a good place to start? 

In collaboration with TitleTap, we have compiled a short list of tips below to get things moving in the right direction.

04/18/2018

By D. Michael Chesser, Esq.

This article first started where the last one left off. That one told of a bank-owned repossession, a commercial lot, burdened by a billboard easement. The person buying was new to the English language, and didn’t know that the easement, which I called a “blanket easement” prevented use of the entire property.

03/27/2018

By D. Michael Chesser, Esq.

Drafting an easement is a bit like you and me landing an airplane. There will be mistakes. The difference is that you will know very quickly how the plane lands. It may be years before you know how bad your easement was.

03/14/2018

By: Gary L. Davis, real estate lawyer in New Port Richey, Florida

My clients purchased a mortgage foreclosure property from the courthouse. After their purchase, the homeowner’s association demanded they pay back assessments that totaled more than $20,000.00. Didn’t they get the property free and clear from the sale?

10/18/2017

By: American Land Title Association, TitleNews Online Archive

Criminals begin the wire fraud process way before the attempted theft occurs. Most often, they begin with a common social engineering technique called phishing. This can take the form of email messages, website forms or phone calls to fraudulently obtain private information. Through seemingly innocuous communication, criminals trick users into inputting their information or clicking a link that allows hackers to steal login and password information.

08/02/2017