Prior Articles

National License, National Database, National Everything?

There has been discussion about a national driver’s license, a national license to practice law, a national database for IRS liens, a national database for all real property liens, and a national registry for all real property records. The Federal Reserve, in its proposal for a national lien registry, says its idea would make locally recorded information [...]

Risk Management – Be Careful What You Say

As real estate professionals, opinions coming out of our mouths may be heard as facts going into our customers’ ears. When people lose money or their expectations are not met, they may blame the people who “told” them they would succeed. 

There is a great recent case that demonstrates this issue (okay, [...]

Power of Attorney

I’m sure most of you know about the changes to Florida’s power of attorney laws that went into effect on October 1, 2011. Please read CS/SB 670 for all of the changes and exceptions (e.g. powers granted by corporations).

While you are reading that bill, I want to point out a few changes [...]

New(er) HUD-1

ATTENTION! ATTENTION!

There is a proposed New(er) HUD-1! 

Actually, there are two proposed HUD-1s and YOU get to choose! Or at least you get to vote on which version you like and why. You may have heard that federal agencies were working to combine the Truth In Lending and Good Faith [...]

Sinkholes

Once a year I try to review new state laws that may impact real estate transactions. Before I could get to this task, the Florida Land Title Association sent out several bulletins describing important law changes, doing my job for me! I will summarize a few of these laws, here, but you really need to see [...]

Payoff Requests

A lot of complaints from closers have been coming in about the time it is taking to obtain payoff information, especially from condominium associations. When I contacted some condominium association friends for information, I received a howler!

Apparently, it is not the estoppel information that is taking so much time, it is the buyer’s [...]

Solar Water Heaters

What is it about solar water heaters that screams scam? I just read an article that many folks are buying solar water heaters (and other solar energy saving devices) from companies who are, allegedly, indicating their government rebate checks would arrive before payment was due. Unfortunately, many of these people were also convinced [...]

The FLTA Represents All Of Us

Unlawful Inducements, according to Florida’s Department of Financial Services, are what exactly?  DFS’ Proposed Rule includes the traditional “printing mailing labels for real estate brokers” and “paying for referror advertising,” but it also includes “charitable contributions on behalf of purchasers” and “entering into an affiliated business arrangement in an attempt to provide a kickback.” Hmm. I [...]

Marketable Title v. Insurable Title

Does it matter if you buy property from a lender that insists it will only deliver “insurable” title, not “marketable” title? 

Not if the buyer obtains a certain form of owner’s title insurance. In the 1980s, an owner’s title insurance policy was approved in Florida that covers defects that affect the marketability of title (Form B policy). [...]

Florida Legislature

While researching real property bills filed by the Florida legislature this year, one of the bills the computer found was titled Pain Management! HAH! Was this the legislature being sympathetic to real estate folks? Or was it meant for everyone who is dealing with the new HUD-1 form? Too bad it didn’t pass. You [...]