Bulletin: FL2024003

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Bulletin: FL2024003

Note: This Bulletin has been replaced by FL2024004 - UNDERWRITING - Hernando County Search and Recording Issues. Use it for reference only.

Bulletin Document
V 1
Date: April 04, 2024
To: All Florida Issuing Offices
RE: UNDERWRITING - Hernando County Search and Recording Issues

Dear Associates:

Government offices in Hernando County (County) including the Clerk of Court (Clerk) and Property Appraiser are currently experiencing a cyber event. This has resulted in County computer systems being shut down. As a result, land records and court files cannot be searched through the County. In addition, recording of land documents is shut down. The Clerk is accepting original documents in its office which are being put in chronological order for future recording. The County’s IT department is working to correct this issue however, no timeframe has been given for when this will happen.

Stewart Title Guaranty Company (STGC) through a title plant can search the land records of the County through the middle of March 2024. STGC does not have access to court case files in the County. Accordingly, for searches STGC can perform in the County which do not require a search of a court case file and from which a commitment can be produced agents may close under the following circumstances:

1. The policy will not exceed $3 million;

2. You secure STGC's customary title affidavit or a similar affidavit from the current owner;

3. In addition to the customary title affidavit, you must also secure STGC's GAP Indemnity Agreement (signed by borrower or both buyer and seller). The GAP Indemnity Agreement can be found on Virtual Underwriter and can be accessed by clicking here;

4. The title examination does not show that the seller, purchaser, or borrower is subject to any outstanding involuntary or statutory liens (such as judgment liens, tax liens, or mechanic's liens) or lawsuits;

5. The insured mortgage is not a construction mortgage and there has been no recent construction; and

6. You determine that the closing instructions of the proposed insured lender and purchaser provide, or as clarified, acknowledge that recording and the return of the original deed and mortgage will be delayed until the County is able to record.

7. You send to the Clerk by overnight mail documents to be recorded.

If your transaction does not comply with the above requirements, please contact an STGC underwriter to discuss. We will continue to monitor the situation and provide updates.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.


References

Bulletins Replaced:
  • None
Related Bulletins:
  • None
Underwriting Manual:
  • None
Exceptions Manual:
  • None
Forms:
  • None