Trust Me – Addressing Trust Requirements In Commitments

The Fund’s Underwriting department receives many inquiries from Fund Members seeking assistance with clearing trust requirements. Trusts can be complicated and often contain unrecorded terms and conditions that affect ownership of the real property interests held in trust. The purpose of this article is to introduce Fund Members to The Fund’s updated commitment clauses dealing with trusts and to explain why they are required and how the requirements can be cleared. With a little practice, Fund Members and their staff members can gain confidence in dealing with trusts.

There are three categories of deeds involving trusts that a Fund Member will regularly encounter — the Sec. 689.07, F.S., “as Trustee” deed; a land trust formed under the Florida Land Trust Act, Sec. 689.071, F.S.; and an express trust, either revocable or irrevocable, made pursuant to the Florida Trust Code, Ch. 736, F.S. The revocable inter-vivos trust, an express trust often used for estate planning purposes and to avoid probate, is by far the most common trust encountered by real estate practitioners.

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