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The Florida Bar recently proposed several changes to Rule 5-1.2, one of which was to require all trust account checks to be signed by an attorney. This proposed rule amendment would not have allowed signatures on blank checks, signatures by stamp, or signatures by other law firm personnel such as CFOs or paralegals. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
If there is a theft from your escrow or trust account, is your law firm, title agency, real estate brokerage, or mortgage company covered under your insurance or bonds? Most professionals have a Professional Liability policy (title agencies’ policies are often called an Errors and Omissions policy). These policies cover claims involving the activities [...]
Recent high level thefts from title insurance escrow/trust accounts has triggered a lot of interest in these accounts by regulators and title insurers. What are the escrow and trust account rules? Who may audit your account and when?
Authority to hold money in escrow for Florida real estate brokers is found (primarily) in F.A.C. [...]
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