Bulletin: FL2025001

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Bulletin: FL2025001

Bulletin Document
V 2
Date: March 05, 2025
To: All Florida Issuing Offices
RE: UNDERWRITING - MV Realty

Dear Associates:

This is a follow up to Stewart Bulletin SLS2024011 related to Homeowner Benefit Agreements (“HBA”) utilized by MV Realty PBC, LLC (“MV Realty”). As you may be aware, the Florida Attorney General initiated an action for damages and injunctive relief related to MV Realty’s use of HBAs in the State of Florida in Hillsborough County Case #22-CA-009958.

On February 12, 2025, the Circuit Court entered an injunction against MV Realty and MV Realty was ordered to provide homeowners a termination of the recorded Memorandum associated with an HBA upon request to proceed with a transaction on an affected property. The injunction order is currently under appeal, but it is still effective and has not been stayed as of the date of this bulletin.

We have been provided a copy of a termination provided by MV Realty pursuant to the Order. The Termination included the following in the title to the Document:

(TERMINATION SUBJECT TO RESCISSION BY ORDER OF THE COURT)

and in addition, included this in the body of the Document:

ABSENT FURTHER ORDER FROM THE COURT THE MEMORANDUM IS HEREBY TERMINATED AND OF NO FURTHER FORCE OR EFFECT

Stewart Title Guaranty Company is unwilling to rely on a Termination received from MV Realty which includes these provisions, or similar provisions, which limit the effectiveness and finality of the release. Associates are directed to continue to follow the requirements found in SLS2024011, including receipt of an unconditional release of the property, to remove a requirement for release of a recorded Memorandum/HBA.

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
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