Posts Tagged ‘HELOC’

Hot Topics in Claims Avoidance: Avoiding POA Claims in Florida

In the title industry, a power of attorney (“POA”) is used when one of the parties to the transaction cannot be physically present at the closing. Transactions involving a power of attorney are ripe for fraud and errors.

The following checklist can be used to determine whether or not to proceed with insuring a real property transaction involving a POA:

Hot Topics in Claims Avoidance: Avoiding HELOC Claims in Florida

BY GARY ROSNER & PAULA LEVY,
RITTER CHUSID, LLP

Often, sale and refinance transactions necessitate the payoff and satisfaction of revolving lines of credit, also known as home equity lines of credit (“HELOC”).

These mortgages are loans secured by the debtor’s real property which generally allow the borrower to access the equity in their property utilizing credit devices including checks, ATM cards and credit cards.

The ease by which these accounts may be accessed, drawing up the outstanding principal balance right before, or after, the closing, may leave the agent and underwriter vulnerable to claims.

The recommended practice concerning satisfying HELOCs, and insuring without exception, are as follows:

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