November 2024 - Closings After the Storm
Although property damages sustained by hurricanes or other natural disasters are not title matters, they are an issue of contract and must be addressed in order to close. In this video, we look at possible extra steps that arise with post-storm closings.
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October 2024 – Deeds from Heirs: Homestead Property
Homestead property transfers immediately upon death. In this video, we will discuss why deeds from heirs are required.
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September 2024 – The Issue with Disclaiming Heirs
There are instances where a decedent's heir may not wish to take title to real property and attempts to disclaim their interest. However, many of these disclaimers are not executed properly for title purposes, and there can be unintended consequences of such a disclaimer.
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August 2024 - Capacity vs Competency
While frequently considered in conjunction with each other, there are key differences between a person’s “capacity” to execute documents on their own behalf, and their “competency” to do so. In today’s video, we will explore the difference in these concepts and discuss how capacity and competency issues can be addressed in real estate transactions.
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June 2024 – What to Know About the Data Call
Each year, title agents and underwriters are required to report information to the Office of Insurance Regulation (OIR). This annual requirement seeks to track data from the entire economic cycle in order to make changes to the rate structure for title insurance in Florida. This video explains what the data call is, why it is important, and what is required of you and the underwriters.
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May 2024 – When you Close a Foreclosure
Insuring a sale during a pending foreclosure case requires more than just ordering a mortgage pay-off. In today’s video, we will discuss additional steps that should be taken in advance of a closing when a foreclosure action is ongoing.
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April 2024 – Probate Part IV: Determining Homestead Heirs
What happens when a decedent passes without a spouse or minor children, but holds title to homestead property? In this video, we provide the roadmap a homestead property takes through probate in several scenarios including when heirs disclaim interest in the property.
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March 2024 – Much Ado About Mail-Away Closings
With the continued rise of fraud, identity theft of notaries has spiked. In this video, we discuss best practices for Mail-Away Closings.
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January 2024 – Survey Exceptions You Need to Disclose
When there are issues evident during the review of a survey, it is necessary to replace the standard survey exception with a survey read. In this video, we discuss the proper disclosure of survey exceptions.
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December 2023 – Clearing Standard Exceptions Part 3: Surveys
There are some standard B-II exceptions that can be removed with the use of surveys. In part 3 of this series, we discuss when you can remove the standard survey exception.
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November 2023 – Clearing Standard Exceptions Part 2: Possession
In Part II of our clearing standard exceptions series we review possession of the property. We identify the automatic exception that populates on every commitment and the language on the Owner's Affidavit that should address it.
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September 2023 – Clearing Standard Exceptions Part 1: Unrecorded Matters
In this video we explore standard B-II exceptions from unrecorded matters and how to clear them from the commitment.
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August 2023 – The Truth Behind Naked Satisfactions
In today’s video, we will discuss naked satisfactions; What are they? Why do they necessitate a commitment requirement? And, how do you satisfy the requirement?
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June 2023 – Validating Powers of Attorney!
With underwriting approval being required to rely on a Power of Attorney, there are a few steps that need to be taken in order to validate the POA. In this video, we will go over the steps needed, and the documents necessary to utilize a Power of Attorney for closings.
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May 2023 – It’s Open Permit Season!
Although open permits are not uniquely a title matter, they can become one. In today’s video, we will review the potential issues that may arise when a lien search finds an open permit on your property. We will discuss when an open permit may pose a lien risk and how best to disclose open permits to the buyer.
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April 2023 – NOC’s After the Storm
One of the issues that frequently arises after a hurricane is open notices of commencement on common areas owned by associations. In this video, we will discuss what issues may come up and how to address them.
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March 2023 – Constructing Notices of Commencement
We will discuss how an open notice of commencement works in conjunction with a claim of lien and how that can impact the priority of a mortgage.
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February 2023 – Defeating Liens with Homestead Status
In this month’s video, we will discuss utilizing the Notice of Homestead procedure provided by Florida law to avoid judgment liens on homestead property.
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January 2023 – Avoiding Judgment Payoffs
Asking yourself a few simple questions before contacting a creditor for a judgment payoff may result in a faster resolution for you and your seller. In this video, we explore ways to address judgments without having to pay them off.
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December 2022 – The Problem With Foreclosure Files
When a property is subject to a pending foreclosure action, the requirements on the commitment will change based upon the status of the foreclosure. In this video, we will discuss the documents required in order to close at various stages of the foreclosure process.
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November 2022 – Navigating Tax Deed Sales
Insuring property that was required through a tax deed sale is inherently risky! In this Title Talk Tuesday, we dive into the reasons why these types of sales are risky and review the ways we manage this additional risk.
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September 2022 – Bankruptcy’s Impact on Liens
While filing for bankruptcy can alleviate a debtor’s obligation to pay certain debts, some liens and mortgages on real property remain valid post-discharge. In this video, we will discuss how bankruptcy impacts debts secured by real property.
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August 2022 – The Guardian & The Ward
There are a lot of variables to consider in order for a guardian to execute a deed and other closing documents on behalf of a Ward. In this video, we review the scenarios, orders & signature blocks that are used when guardianship is in play.
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June 2022 – Trustees Trusting POAs
Is it necessary to obtain a deed from the ex, post-divorce? In this episode of Title Talk Tuesday, we will review the role Final Judgments of Divorce, Marital Settlement Agreements and other legal documents play when the property being sold is a marital asset.
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May 2022 – Divorce! The Impact of Marital Settlements
Is it necessary to obtain a deed from the ex, post-divorce? In this episode of Title Talk Tuesday, we will review the role Final Judgments of Divorce, Marital Settlement Agreements and other legal documents play when the property being sold is a marital asset.
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April 2022 – What to Know About CDDs
What are Community Development Districts (“CDDs”) and how do they work? Today, Tom Title shares the answer to these questions and explains how a property being subject to a CDD could impact your closing.
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March 2022 – Beyond RON: Authenticating Electronic Docs
One of the challenges that we see with Remote Online Notarization (RON) and electronically executed documents in general, is how to confirm the authenticity of the original prior to recording. In this edition, we will review different ways to confidently authenticate RON executed documents & provide instances where underwriting approval may be needed.
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February 2022 – The Newest Fraud Scheme Emerges in Florida
Here at ORT, we're calling it the Vacant Land, Foreign / Absentee Owners Scheme. This Identity Theft scheme is targeting agents throughout our state and often involves Foreign / Absentee owners, vacant land or property, unusual mail-away closing requests and several other elements. In this month's Title Talk Tuesday, we review these elements, walk you through several real claims we've received as a result of this scheme and finish with tips on how you can prevent this from happening to you.
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January 2022 - Guardianships
Court appointed guardianships can be a very involved and time consuming process. In this month's Title Talk Tuesday, we explore when court intervention takes place, as well as the requirements needed to receive a court appointed guardian.
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December 2021 - Probate Part III: Intestate Homestead
Additional court direction is required when a property owner dies without a Will. In today's video, we will discuss the probate documents and court orders necessary to convey homestead property when the property owner dies intestate.
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November 2021 - Probate Part II: Testate Homestead
In today's video we will discuss the estate planning and probate documents that must be recorded in order to convey homestead property when the prior owner had a Will. We will also discuss the options available when closing is scheduled to take place prior to the issuance of the Order Determining Homestead.
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September 2021 - Probate Part I: Non-Homestead
In this episode of Title Talk Tuesday, we begin our three-part series on probate. We will start off by discussing what probate documents are required for non-homestead property when the title owner is deceased and breaking it down further by exploring the differences in requirements between testate and intestate estates.
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August 2021 - Underwriting Tips
In today’s video, we will discuss how to optimize your communications with your underwriters to enable them to respond to your inquiries as quickly and efficiently as possible.
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July 2021 - Minors Holding Title
There are certain challenges and legal implications when a minor is added to title. In this month's Title Talk Tuesday, Tom Title is going to review the issues that arise when a minor holds title to real property.
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June 2021 - Life Estate Deeds
Life Estates are a great estate planning tool, but it is important to know which type you are dealing with in a particular transaction. In today's video, we will review the two basic types of life estate deeds, who controls the property and how they transfer in each case.
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May 2021 - Code Enforcement Liens
Code enforcement is an important local government tool used to help maintain the value of both you and your neighbors' property. Today, we will discuss how code enforcement works for you and how to resolve liens which may result from code violations.
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April 2021 - Conveyance from a Trust: Part 2
When dealing with property held by a Trust, it is frequently necessary to obtain additional sworn statements from the Trustee confirming the contents of the Trust Agreement and their authority to act on behalf of the Trust. Today, we will discuss both Certifications of Trust and Trust Affidavits and when each should be employed.
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March 2021 - Conveyance from a Trust: Part I
Determining what documents you may need to review and what documents you may need to prepare in order to sell real property held by a Trust can be a challenge. Today, we will discuss where to start and what information you are looking for when a transaction involves a conveyance out of a Trust.
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January 2021 - Tackling Forbearance Issues
The forbearance agreement of 2020, is about to become the headache of 2021. Today we will discuss issues to look out for when insuring loan modification agreements and refinances after the expiration of the federal and state foreclosure moratoriums.
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December 2020 - Survey Affidavits
Survey Affidavits are utilized to confirm that no changes have occurred on the property since the prior survey was completed. Today, we are going over the representations that must be included in a Survey Affidavit in order to rely on a prior survey to delete the standard survey exception.
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November 2020 - Prior Surveys
In today's video, we will explore when it is appropriate to rely on a prior survey to delete the standard survey exception.
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September 2020 - Mortgage Witness Requirements
Each state has its own laws relating to the proper execution and witnessing of documents, including mortgages. Today’s Title Talk Tuesday will explore the witnessing requirements for mortgages in Florida.
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August 2020 - Foreclosure Update
Both the federal and state governments have limited the availability of the remedies of foreclosure and eviction in certain matters. Today we look at these limitations and how they may impact your closings.
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July 2020 - Rate Calculation Part II: Reissue Rates
Premium rate calculation can be challenging! In part II of our Rate Calculation Series we will discuss appropriate application of reissue rates when a current owner's policy is in place.
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June 2020 - Rate Calculation Part I: Substitution Loan Rates
Premium rate calculation can be challenging. Today’s Title Talk will discuss the appropriate application of substitution loan rates when a prior loan policy has been issued.
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May 2020 - Remote Ink Notarization
Remote Ink Notarization offers another option when lenders require wet ink signatures. In this month's video we will discuss the difference between RON & RIN as well as some of the requirements for RIN.
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April 2020 - Insuring the Gap
How does title insurance work to protect consumers when government offices are closed? Florida law requires title insurers to provide coverage during the gap period (§627.7841, F.S.). This month's Title Talk Tuesday will address matters associated with insuring the Gap.
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February 2020 - Acknowledgement vs. Jurat
Today's topic will explain the differences between using an Acknowledgment and a Jurat, and will review the types of closing documents each one is used for.
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January 2020 - Filing the 1099-S
One of the Title Agent's responsibilities in a closing of a sale for most real property is to provide the IRS with information returns and furnish a statement to the seller. In today's video we will review the 1099-S form, what preparation is needed and the timelines that follow.
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December 2019 - Payoffs & Wire Fraud
Recently, we have had multiple agents inform us that they have received fake payoff instructions which appear to be legitimate. In this video we address signs of wire fraud and provide tips on how to make your company a more difficult target for cyber criminals.
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November 2019 - Powers of Attorney Part III: Forms and Content
In this edition of Title Talk Tuesday, we will discuss the appropriate signature block for documents signed utilizing a Power of Attorney.
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October 2019 - Powers of Attorney Part II: Forms and Content
Today's topic will discuss what is required to be contained in a Power of Attorney (POA).
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September 2019 - Powers of Attorney Part I: General
Today’s topic will discuss when it is appropriate to use a Power of Attorney (POA).
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