Chapter 1-TF-v2

Title and Closing Process for Non-Attorneys

• Focus on scenarios for non-attorney title agents
• Legal and ethical duties imposed by Florida law impact practices
• Key concepts: primary title services, unauthorized practice of law
• Title commitment and title policy duties are defined by contract and Florida statutes
• Duties involve title search, insurability determination, and exceptions review, issuing commitments and policies
• Sound underwriting practices and insurability determination are critical
• Coverages and exclusions must be understood
• Determining insurability, issuing commitments, and clearing objections are primary duties
• Reviewing deed transfers, exceptions in Schedule B2 are necessary
• Avoid expanding on provisions of coverages or exclusions
• Preparing deeds, mortgages, satisfactions, and completing other actions to fulfill commitment conditions
• Avoid legal documents like wills, trust agreements, or powers of attorney without explicit policies
• Don't prepare documents for properties not being insured or clear up clouds on properties without insurance
• Avoid preparing complex documents like wraparound mortgages or deeds reserving life estates
• Document preparation must follow contract instructions, and avoid acting outside of agreed-upon instructions
• Provide clarity & avoid misunderstandings by avoiding advice on title holding, particularly for spouses and co-ownerships
• Don't provide legal advice; refer customers to attorneys or tax advisors for additional help or clarification.

This quiz focuses on the essential processes and legal duties of non-attorney title agents in Florida. Participants will explore the primary title services, insurability determination, and key practices governed by Florida statutes. Understanding the responsibilities involved in title search, exceptions review, and issuing policies is critical for compliance and effective practices.