Posts Tagged ‘downtown Fort Myers


Where Would We Be Without Them?

teacher 1

We all have that one teacher that stands out to us, even decades after we sat in their classroom. It usually is the teacher that was the hardest on us, the one we went home and complained to our parents about. It is not until we are older, that we realize just how much of an impact they made in our lives.

Today is National Teacher Day, a day to celebrate those people who give of themselves to make a lasting impact on us. The ones who stay up late, not just grading our papers but worrying about why we might not be doing so well in their class right now. The ones who take the time to not just teach us about the subject at hand, but to instill wisdom into our minds and sometimes comfort into our hearts. 

Let’s let our teachers know they are more than just a name on a classroom door, they are the stepping stones to our kids futures! Thank them today and every day!


teacher 2


Notable Issues for Florida Notaries

Questions involving Florida notary public (“notary”) issues are some of the most common questions we receive and reveal some confusion by our agents who also function as Florida notaries. This article will address some of the most commonly misunderstood issues with a special focus on what a Florida notary is not permitted to do under Florida law.

Chapter 117 of the Florida Statutes sets out the duties and obligations of a notary in performing the important functions of administering oaths and taking acknowledgements (other functions performed by notaries, such as attesting to the authenticity of a photocopy, are not addressed in this article). The duties and obligations—and potential liability—of a notary are separate and distinct from those of a title or closing agent.

A commonly misunderstood scenario is one in which the notary acts as both a witness and a notary. While this is perfectly acceptable under Florida law, in order for the notary to properly serve and sign as a “subscribing witness,” the notary must, just like any other witness, actually see the party sign his or her name. In order to take a proper acknowledgement, however, it is not necessary that the signatory sign his or her name in front of the notary—it is only necessary that the signatory appear in front of the notary and “acknowledge” to the notary that the signature on the document is, in fact, his or hers.

Another commonly misunderstood scenario is when a jurat is used instead of an acknowledgement or an acknowledgment is used instead of a jurat. These two notarial certificates are used for two different purposes and are not interchangeable. A jurat is the “sworn to and subscribed before me” language used on affidavits, while a proper acknowledgment, required on all deeds conveying Florida real property, specifically provides that the signatory has acknowledged to the notary that the signature on the document is his or hers. Acceptable forms of jurats and acknowledgements are set out in Florida Statutes, §117. 05. While there may be situations where a “hybrid” jurat/acknowledgement might be acceptable, such as where a jurat on a deed also includes acknowledgement language, such situations should be reviewed by an underwriter.

As a notary, you want to be very careful not do something prohibited under Chapter 117 that could result in the loss of your commission or possibly expose you to civil and/or criminal liability. Florida Statutes, §117.07 specifically sets out the many acts prohibited by a notary. Among those listed in the statute, you are prohibited from notarizing a document if:

• The signer is not in your presence, or is your spouse, son, daughter, mother or father;

• You do not have satisfactory identification for the signer, unless you personally know that person;

• You have a financial interest in or are a party to the underlying transaction;

• It appears that the signer is mentally incapable of understanding the nature and effect of the document, or does not understand or speak English (unless the document is translated into a language the signer does understand);

• The document is incomplete or blank; or

• Your commission has expired.

Properly performing your duties and obligations as a Florida notary can sometimes be difficult and confusing. The Underwriting Department understands and is ready to assist you when you have questions or concerns.

By: Brenda J. Cannon, Esq., Old Republic Nat’l Ins. Co., In The Title Corner, 4th Qtr 2012, Vol 15, Issue 4


Questions about choosing a Title Company

Here in Lee County, you as a seller have the right to choose the Title Company to handle the closing of your property. At times, sellers choose to let their Realtor help aid in this decision.   Here are some frequently asked questions that we often here from our clients:

“What coverage do I need?”

The average policy is pretty standard. Owner’s policies typically protect against a number of contingencies, like forgery, fraud, spousal claims, and undisclosed heirs. Lenders policies will protect them against lien position and against loss should a title problem arise. A lender’s policy ONLY protects the lender, NOT the owner.

“Who usually pays?”

The party responsible for paying for the two policies varies from state to state and sometimes from county to county. In some areas, the buyer may pay for one; the seller, the other. That doesn’t mean if the buyer pays, he can’t haggle for all or part of his costs, everything is negotiable. In Lee County, the seller usually picks and pays for title insurance for the new owner, while the buyer will pay for any lender’s policy in connection with a loan.

” How is a Title Company chosen?”

If you are paying for the title insurance, you have the right to select which ever title company you prefer. Though if you’re not paying, but want to be able to choose the company, be prepared to share some of the costs. Your Realtor  if represented by one, will also help with this decision if need be.

“How is a closing date chosen?”

A closing date is chosen by the buyer on the real estate contract once presented to the seller. If all accept, then the “close date” on the contract will rule. However, in certain circumstances, this can be amended.

Still have questions…

We are here to answer. call Title Junction at 239-415-6574.


New Things Happening at Title Junction

Title Junction To Open An Office Downtown
 Title Junction will be opening a new satellite office in downtown Fort Myers in Jan. 2012.  Jennifer is excited about being able to provide her clients with top notch professional service.  She will be able to accommodate clients with closer and more convenient locations.  Watch for updates for upcoming details and an official office opening date.
We also would like to thank each and everyone during this Holiday Season our thoughts sincerely turn to those who have made out progress possible.  It is with much appreciation we say:  

 Thank you and Best Holidays and a Happy Successful New Year!

Jennifer Ferri, Owner

Title Junction Archives

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 271 other followers

Find Us On Thumbtack