Florida Sen. Jennifer Bradley introduced Senate Bill 1436 on Tuesday to combat real property fraud.
Why it matters: The bill, if it becomes law, would require clerks of court to create, maintain, and operate an opt-in recording notification service.
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It would also require REALTORs and title agencies to mail notices to property owners at the time of listing and closing.
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And it gives victims the right to file a lawsuit for quieting title against attempted fraudulently recorded deeds through a summary procedure.
The recording notification system requirements match the functionality of systems that are in place in many Florida counties. Still, the bill goes into much more detail about how the systems must function.
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There are no rules currently on how these ad hoc systems are required to appear, be accessed, or work.
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This would standardize the systems statewide and specify that each personโs e-mail address may be used to monitor at least five different names for recording notifications.
The bill requires Clerks to also provide a simplified form of complaint that victims can complete and file to strike a fraudulent instrument from the records to quiet the title in the victim.
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The bill doesnโt allow a prevailing party in such quiet title actions to get their attorneyโs fees, court costs, or any other monetary compensation from the fraudster. This is consistent with the current laws on the books.
Within five days of signing a listing agreement, REALTORs would be required to send a copy of a signed listing agreement to the address of the property owner shown on the tax records.
Title agents also would be required to physically mail statutory notices to the owners listed on the tax records within five days of opening a new title order for a sale or refinance of the ownerโs property.
Finally, the bill prescribes a form to be used for quitclaim deeds and requires that all deeds include the mailing address of each witness under their signatures.
Our thought bubble: Professionals should adopt the listing and title order opening notifications, in addition to the witness addresses, even if this bill doesnโt pass.
Yes, but: Without funds appropriated to clerks for the electronic notification system and the summary quiet title actions, we donโt see this bill becoming law this year.