Fund News and Alerts

Last year, The Fund introduced its Attorney Value Campaign to promote the message of working with a real estate attorney to consumers and real estate agents. As a Florida real estate attorney, you protect property rights and ensure efficient, secure, reliable, professional, accurate and safe transactions for buyers and sellers. The Fund Gets You!

By: René Rutan, Manager, Events & Affiliate, REC & Realtor® Relations

We are pleased to announce that Dr. Jessica Lautz, Deputy Chief Economist and Vice President of Research of the National Association of REALTORS®, will sit down for an intimate conversation exclusively for REC members during this year’s Assembly REC Luncheon. It will provide attendees with a unique opportunity to meet Dr. Lautz and hear her thoughts on the economic issues driving the Florida real estate market.

Objections to development agreements and development orders generally arise in commercial transactions. This article is the third in a series of articles addressing specific title objections. Like its predecessors, it is designed to help Fund Members analyze specific objections’ merits and provide potential resolutions. For guidance in addressing title objections related to surveys or tenants, please see, “Addressing Specific Title Objections Relating to Surveys and Tenants,” 54 Fund Concept 49 (May 2022), and for guidance in addressing water and oil, gas, and mineral right objections, please see, “Addressing Title Objections to Water Rights and Oil, Gas & Mineral Rights,” 55 Fund Concept 69 (June 2023).

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The Fund continued its sponsorship of the Real Property, Probate & Trust Law Section’s (RPPTL) Residential Real Estate & Industry Liaison Committee (RREIL) at the November RPPTL Meeting in Tampa under the banner of the Attorneys’ Real Estate Councils of Florida.  RPPTL, and specifically the RREIL Committee provide an excellent opportunity to highlight the benefits of REC membership among a distinguished organization of real estate attorneys.

By: René Rutan, Manager, Events & Affiliate, REC & Realtor® Relations

A new year always seems to make us take stock of our lives.  Many of us are evaluating our lifestyle and trying to implement healthier habits to improve our physical and emotional wellbeing.  The non-stop TV ads for diets and fitness equipment are a testament to this annual ritual.

Fund Underwriting introduced a new CLE program in late September entitled, Fraud & Forgery: Catch Me if You Can, which was presented by Underwriting Attorneys at meetings across the state including Bay Area REC, Broward REC, North Dade & Beaches REC, Palm Beach REC, Highlands Town Hall, Jacksonville REC, Volusia REC and North Florida (Gainesville).  Thank you to Marilyn Israel and Princy Valiathodathil for creating such a great program, and Princy, Brian Stringer, Ben Jepson, Charles Nostra, Mike Mirrington, Jalinda “Jay” Davis, Chris Bracken and Rebecca Wood for your presentations!

By: René Rutan, Manager, Events & Affiliate, REC & Realtor® Relations

In the last issue, I told you about the Law Symposiums for the Realtors® of Broward, Palm Beach & St. Lucie being planned by the Broward Attorneys’ Real Estate Council and Attorneys’ Real Estate Council of Palm Beach County.  I am back to share all the details of these great events!

The Fund continues to sponsor the Residential Real Estate & Industry Liaison Committee (RREIL) of the Real Property, Probate & Trust Law Section of The Florida Bar (RPPTL) under the banner of the Attorneys’ Real Estate Councils of Florida.  At the July RPPTL Meeting, we encouraged RREIL Committee members to join their local RECs, and shared examples of how REC membership is benefitting real estate attorneys around the state.

Session Law 2023-238: Florida Legislature Creates and Enhances Anti-Fraud Law, New Quitclaim Deed, and Recording Requirement

During the 2023 Legislative Session, the Florida Legislature passed House Bill 1419. On Jun. 14, 2023, the bill was approved by Governor Ron DeSantis and assigned Session Law Number 2023-238. Principally, the new law creates procedures and guidelines designed to thwart real property fraud. In addition, new provisions are included which govern actions to quiet title resulting from alleged fraudulent conveyances as well as mandating a new form quitclaim deed. Except as otherwise noted, the provisions of the new law are effective on Jul. 1, 2023.  This article will set forth many of the details of the legislation. 

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Florida Governor Ron DeSantis signed Senate Bill 264 (SB 264) into law on May 8, 2023. The law has an effective date of Jul. 1, 2023, and may have a tremendous impact on the ownership and conveyance of real property in Florida. The bill creates Secs. 692.201 – 692.205, F.S., and is commonly referred to as the Conveyances to Foreign Entities Act (Act).  The Act contains wide prohibitions with respect to foreign ownership of certain real property. Under the Act, ownership includes direct or indirect ownership of, or a controlling interest in, real property. Although the Act does not impose compliance liability on the issuing agent or underwriter, being familiar with its terms allows agents to be better prepared to discuss its implications with buyers and sellers. The Act applies to certain types of property and certain foreign principals, so it is important to understand how each of these is defined. 

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