Category Archives: Settlement Services

Avoid an Unknown Title Company

Underwater minefield concept

In most of our market area, unless otherwise specified in the contract, the seller pays for the Owner’s Title Insurance policy. In Florida, the person who pays for the policy gets to choose their settlement services provider.

Does that put buyer’s agents and their customers at the mercy of the listing agent and the seller about where they will close? Not necessarily.

If you want the access, accountability, value, and the same team that helps get your listings to the closing table to work your selling side transactions as well, you can ask the seller to close with us.

All you need to do is to put in the “additional comments” section of the contract, “Title Insurance and Settlement Services to be provided by Watson Title Services of N FL Inc.”

The seller may line it through, but every month, we have a lot of sales associates bring selling side transaction to us this way. If listing agents or sellers ever have questions about closing with us, I’d love to talk to them about the benefits.

Give it a shot on your next deal.

What is the 3-day Rule?

ar135265733503568According to the Consumer Financial Protection Bureau’s final rule, the creditor must deliver the Closing Disclosure (CD) to the consumer at least 3-business-days prior to the date of consummation of the transaction.

The key to this is that the lender is driving the delivery of the CD. Without their numbers and approval, the CD cannot be produced or delivered. Even after delivery, there may be another 3-day period triggered that may change the closing date.

Changes that require creditors to provide a new CD and an additional 3-business-day waiting period after receipt include:

– changes to the APR above 1/8 of a percent for most loans (and 1/4 of a percent for loans with irregular payments or periods)
– changes the loan product
– addition of a prepayment penalty to the loan

There are two major areas of confusion concerning the 3-day disclosure period:

1. The only things that can trigger a new 3-day period are those above. As a result, the other number can change significantly by closing. Often times, the lender is changing non-triggering numbers up to the same day of closing.
2. The 3-day requirement is only for the CD. It has nothing to do with delivery of a draft ALTA Settlement Statement. You can request a draft ALTA before closing, but remember that it is only a draft. Any last minute changes in non-triggering lender or other costs impact bottom line numbers. Make sure buyers have final figures for funds they need to bring to closing and don’t go with CD or draft ALTA numbers by mistake.

It’s Funky Tax Season

businessman with small income running away from tax paper monsteIf you have a closing between now and the end of December, remember there may be an extra twist at closing that listing agents need to make sure their sellers understand.

For most of the year, pro-rated taxes due are paid out of the proceeds from the sale as defined by the payoff amount provided by the holder of the mortgage.

This time of the year, things are a little different.

In most cases where a homeowner has a mortgage, the lender will escrow their taxes through the year in order to make sure the yearly taxes are paid correctly in November. This time of the year, there is a gap between when a lender will roll up the escrowed funds to pay the taxes, send it to the correct county, and the county records reflect that the payment is complete.

Here is where the “twist” takes place. Usually by early November, the homeowner should receive notification by the holder of their mortgage that all the escrowed money has been rolled up and the taxes paid, but over at the county tax collector’s office, they do not show it has been paid yet.

There are a variety of reasons for this delay, but at the closing table we have to go by what the county tax records say, regardless of what documentation the seller’s mortgage holder provides.

We will send the payment for the taxes if at the time of closing the taxes are reflecting due and payable. If our payment arrives at the county first, the lender will issue the refund, or vice versa.

TRIM Notices are Out!

confused-money-counterThe Truth in Millage (TRIM) notices are out for all the counties in our area.

Some counties, such as Clay, have seen significant increases. Make sure your sellers have reviewed their most recent TRIM notice so we can avoid any surprises at the closing table when the prorations are done.

A few other details to remember;

1. We use the highest figure on the notices for prorations.

2. CDD are prorated separately.

3. Some non-ad valorem fees are separate.

Death Certificates: Keep Them Short

5308_Grim_Reaper_300There is an important detail about Death Certificates to remember if the death took place in Florida. There are two versions of death certificates, one “long” and the other “short.” The long version has the cause of death. The Clerk of the Court will not record a death certificate that has the cause of death on it (the long version).

If a Death Certificate is required to close a property, make sure you have the short one. If you are not sure, look it over and see if the cause of death is listed – or send us the copy and we’ll check it for you.

If you are having trouble getting a short version send us what you have. If needed, we can help your customer order a new one.

Title Tip of the Week: Remote Online Notarization, Changes in Open Permits on the Way

schoolhouse-rock-just-a-bill-story-topAs you may have heard, pending the expected signature by Gov. DeSantis, there are some changes on the way in Florida that should help the closing process.

The Bills, HB 477 and HB 409 are through the legislature.

Remedies to Open and Expired Permits — Open and expired permits can delay a closing, and in some cases, kill the deal because of the uncertainty associated with them. To address the problem, HB 447 allows local governments to close a permit six years after its issuance as long as no apparent safety hazards exist. It also prevents local governments from penalizing property owners for an open permit that was applied for by a previous owner. Effective: October 1, 2019.

Approval of Online Remote Notaries — HB 409 allows the use of online remote notaries in real estate transactions to make closings easier, faster and more convenient for distant parties. Effective: January 1, 2020.

More details to follow especially on the online remote notaries, but other States have already enjoyed the efficiencies using video technology brings when distance and schedules prevent in-person notary services. Florida is the 11th new state to adopt such legislation in 2019, and 21st overall.

Mineral Rights?

buckman-pritchardIf you have not already, one day you may be asked by a buyer or a seller, “Do I own the mineral rights?”

At first glance, Florida may seem like sand, sun, and great weather – and not mining – but don’t be too sure about that.

There are more things than oil, coal, or natural gas to consider when it comes to mineral rights. Did you know that Florida ranks fifth in the nation in mining? From limestone to rare earth elements, some of the most valuable mining land in the country is in Florida, with active mines in all the counties of North and North Central Florida, and elsewhere throughout the state.

Ponte Vedra Beach, FL used to be known as Mineral City, FL for a reason! From titanium mines to sand traps in just one generation – but the mineral rights may still exist under some property there or elsewhere in the state.

Value isn’t just found below the ground, people can also sell their timber rights and air rights. Yes, it is possible to own land but not the trees on the land or the air above.
If the mineral rights are owned by a third party, sometimes you can buy the mineral rights, but other times it can be more difficult. The key is if the owner has access. As part the investigation that leads to a title commitment, we can let you know.

Closing with a Power of Attorney

Power of Attorney Concept

Signing for someone with a Power of Attorney (POA) in a real estate transaction can be either a very simple thing, or a very complicated thing. What makes it one or the other is when the need for a POA comes up in a transaction.

Early is always better, and if any of the parties of a transaction will be using a POA, let your settlement services provider know right away.

The best POA to use is the one we can produce at no charge; a Specific POA that will work for the purposes of the specific closing at hand. That way, we won’t run in to some of the common problems we have with other POA.

If you already have a POA that you think will work for a real estate closing, we would need to see it as early on in the process as possible. Regardless of who produced it and when, even a General (Durable) POA or a military POA may not have the correct wording or structure to pass underwriting.

We will also need to have the original copy of the POA. If an original does not exist, then the best path is to let us produce a Specific POA for you.

In addition to the above, there are other requirements for a POA to be usable. For the full description, google Florida Statues 709.2105 and 709.2106, but here are the highlights:
‐ The agent must be 18 years of age or older, or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state.
‐ POA must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary.
‐ A POA executed on or after October 1, 2011 must comply with 709.2105.
‐ A POA executed before October 1, 2011, is valid if complied with the law of this state at the time of execution, and other requirements referenced in the statute.

There is a way a POA executed in another state which does not comply with the execution requirements to be valid, but it is complicated and would need to be run by underwriting.

In summary, the path of least resistance is if a POA is required, let us prepare the no charge Specific POA at the very start.

Tallahassee Delivers on Estoppel Reform

b2ap3_small_EstoppelThanks to a lot of hard work from the Real Estate community, including our own Russell Grooms, reform on the estoppel letter front was just signed in to effect by Governor Scott on June 14th.

The law goes into effect on July 1st.

As everyone is aware, the estoppel certificate or letter is required in each closing involving a condominium or homeowner’s association so that the buyer and seller receive accurate information regarding assessments and violations. The law provides for a cap in the fees an association may charge for the estoppel certificate as well as a standardized form of certificate. The bill requires the estoppel certificates to be provided within 10 days and be valid for a minimum of 30 days. The fee cap is $250 for owners who are current on their assessments. An expedited charge of up to $100 can be added on if the estoppel request asks for delivery within 3 days. An added charge of up to $150 can be charged if the owner is delinquent on assessments.

This is a solid improvement over the existing system and cost structure.

You can get a PDF of this Title Tip here.

Rule Change on Pre-Paid Estoppel Fees

fqxjNrR7_400x400The Florida Department of Financial Services (DFS) has determined that prepayment for estoppel fees for homeowner and condominium associations is a violation of s. 626.9541, F. S. because it is an unlawful inducement to the placement of title insurance.

This is so new that word is only getting out the day before the recent Unlawful Inducement Rule (69B-186.010, F.A.C.) becomes effective February 9, 2016. This applies to both Title Companies and attorneys, for both commercial and residential properties.

In order to facilitate a smooth progress to the closing table, it has become industry practice in many cases for settlement service providers to pay up front any estoppel fee and to be compensated later by the responsible party. With this interpretation of the rule, for now, this is no longer allowed.

As such, we will be working closely with Realtors to ensure that the person responsible per the Contract makes a prompt payment for estoppel letters so that no delays in closing take place waiting for HOA to produce one. Especially with the TRID requirements, we will all have to pay close attention to this already challenging part of the timeline.

Click the following hyperlinks for full rule or the letter concerning estoppel letters from DFS.

You can get a PDF of this title tip here.