The Florida Legal Eagle - Volume 6

Volume VI

An Underwriting Newsletter by First American Title

WELCOME TO FLORIDA

MICHAEL ABBEY SVP, FLORIDA REGION

GET TO KNOW

SHABNAM JALAKIAN VP, CHIEF INFORMATION SECURITY OFFICER

CLOSING CORNER

SERVICE FEES

IN A NUTSHELL FLORIDA LLC TRANSACTIONS BEWARE

RANSOMWARE RUMOR OR REALITY?

LIABILITY FOR LOST MONEY www.firstam.com

IN THIS ISSUE: PAGE

FROM THE EDITOR’S DESK LEN PRESCOTT VP, Florida Regional Counsel

What a way for us to begin the year! The last time we communicated through these pages, the discussions involved how busy everyone is and the need to find that well-being balance. We were on to something, weren’t we?

We begin 2017 even busier than before. And do we need to say anything about the stresses?

For some good news, our Company’s expectations for the title industry’s performance are very positive. We believe the refinance market will be down from last year but it has already been cut in half and we have reason to believe it has bottomed out. We also believe the purchase market will be strong, and commercial real estate will have a slight downturn from the record highs of the previous years but this normalized market will still be strong. In other words, we are very optimistic about your continued business success in 2017.

But how will you thrive on the promise of the new year when the changes and challenges of the industry and business continue to accelerate? For example, take a look at the many warnings in this issue about cyber-attacks.

As Yogi Berra once remarked, “It’s like Déjà vu all over again.” There are new twists, as you will see from the terrific article by Michele Green, and these attacks are now epidemic in our agent population.

As our Chief Information Security Officer articulates in the Executive Spotlight, our Underwriters are passionate about your security and success.

We hope the information provided in these pages is valuable to you and please stay safe out there!

Best regards,

Len Prescott

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

TITLE Michael Abbey: Welcome to Florida Coffee and Espresso with the Underwriter Webinar Schedule The Property Professor Underwriting Q&A: Transactions Involving Florida LLCs Closing Corner: Closing Service Fees In a Nutshell Executive Spotlight: Shabnam Jalakian Ransomware At Your Service David Joseph “Joe” Teichert, Esq. New Cyber Scam Suffer a Data Breach?

New Twist on Wire Fraud Underwriting Spotlight: John Balberchak Rumor or Reality?

More on Settlement Agent Liability for Lost Money Case Law Updates Legal and Industry Updates Rapid Response Team Florida Statewide Underwriting Team

We Want Your Insight!

Your insight is valuable to the Florida Underwriting Team! If you would like to contribute to the Florida Underwriting Newsletter, or if you have any comments or suggestions for topics that you would like to see in our newsletter, please submit your ideas to Alex Menendez, at amenendez@ firstam.com. We look forward to your input!

First American Title | The Florida Legal Eagle 2233 Lee Road, Suite 202, Winter Park, FL 32789 407.691.5295 EXECUTIVE EDITORS: Len Prescott Alan McCall

Chip Koval

MANAGING EDITOR: Alex Menendez The information contained in this document was prepared by First American Title Insurance Company (“FATICO”) for informational purposes only and does not constitute legal advice. FATICO is not a law firm and this information is not intended to be legal advice. Readers should not act upon this without seeking advice from professional advisers. First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates. ©2017 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

MICHAEL ABBEY SVP, FLORIDA REGION

First American Title is pleased to announce the appointment of Michael Abbey, Senior Vice President, to the position of Florida Region Manager. Mike has over seven years experience in numerous leadership positions within First American Title, most recently SVP, Pacific Region.

What was your first job in the title insurance industry?

I was fortunate to start my career at First American Title in a management development program. I spent a little over a year learning the business from the ground up, starting with title production and then moving into curative/underwriting, closing, post-closing, claims and everything in between. Once I learned First American Title’s core product and service, in essence title insurance and settlement services, from an operational perspective, I transitioned into various roles including business analyst, client project manager, divisional chief administrative officer, state manager, and regional manager covering six states for the Agency Division.

Did you experience any major setbacks during your path to your current position?

Just like anything in life, a setback is merely a new opportunity waiting to be explored elsewhere – and as such, I have had new opportunities arise and could not be happier with how these opportunities have played out. Working in the lender services division of First American exposed me to plenty of real estate cycles (the good and bad) on the origination and default servicing side of our industry which allowed me to explore new opportunities within First American. I always felt most comfortable when I was spending my time assisting our customers, so I joined the Agency Division where I focus primarily on servicing our customers. I have been very lucky to work for First American, a company that truly cares about the people that work here and the customers we serve. Every setback I have encountered in my career has been a blessing and I could not be happier working with the people I get to work with on a daily basis.

First American Title | Florida Legal Eagle | Volume VI

What are some of the challenges you face in your current role as the manager of the Florida Region that differ from your previous roles?

Some of the challenges I plan to encounter are the logistics of personally meeting all of our valued partners in the state of Florida. I’m relocating to Florida from the Pacific Region (AZ, CA, HI, OR, WA, and AK); a big part of the success of the Pacific Region was building personal relationships with our agent partners and hearing firsthand what their needs are in an underwriter partner. I’m a big proponent of collaborating with our customers and partners and I welcome any ideas on how First American Title can play a part or assist in their success. Please don’t hesitate to reach out to me at miabbey@firstam.com.

What are your interests and hobbies outside of work?

I would consider myself an outdoorsman and music junkie. I often spend my free time playing guitar or golfing. A few of my other hobbies include biking, snowboarding, hiking, and anything else outdoors with good friends and family. Though I’m not a diehard fan of any one particular team or sport, I love attending collegiate and professional sporting events to watch a good matchup.

What advice would you give to our Florida underwriters to continue the growth of First American Title in the market?

In order for First American Title to be successful, we need strong relationships with our agent partners. Those partnerships are built on providing unparalleled service while maintaining an appropriate risk balance. First and foremost, we must remember to be responsive and creative communicators. When faced with a transaction that might have particular underwriting hurdles to overcome, we should always attempt to get over those hurdles by figuring out what it would take to close the transaction. My philosophy is to avoid saying “no” to insuring a transaction that might have underwriting challenges, but rather to say “yes” with conditions or policy exceptions.

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&Espresso

with the Underwriter Recorded Webinars On Demand: 1031 EXCHANGES AND THE CLOSING AGENT Janna Perret, VP, Exchange Manager » Access recording at: https://attendee.gotowebinar.com/ register/2573781178553921281 LAWYERS, GUNS & MONEY Alan McCall, VP, Southeast Region Underwriting Counsel » Access recording at: https://attendee.gotowebinar.com/ register/9085373811753272324 DID YOU SAY FRAUD? Susan Dutcher, Education and Special Projects Director » Access recording at: https://attendee.gotowebinar.com/ register/5377255449691675393 WHY IS MY NEIGHBOR MOWING MY LAWN? SURVEYS DO MATTER Chip Koval, Underwriting Counsel Bill Boyce, Senior Underwriting Counsel » Access recording at: https://attendee.gotowebinar.com/ register/3097150908172574209 WHEELS OFF - INSURING MOBILE HOMES AS REAL PROPERTY Greg Blomeley, Senior Underwriting Counsel » Access recording at: https://attendee.gotowebinar.com/ register/7288672851696505857

| 2017 WEBINAR SERIES

UNDERWRITING COMMUNICATIONS - A REVIEW OF RECENT HOT TOPICS Trish Ladan, Senior Underwriting Counsel, Florida Associate State Counsel » Access recording at: https://attendee.gotowebinar.com/ recording/899572408619882500 EASEMENTS-INSURING AND EXCEPTING CLE Credit available Jennifer Bloodworth, Senior Underwriting Counsel » Access recording at: https://attendee.gotowebinar.com/ recording/4430140529911198723 THE VALUE OF OWNER’S TITLE INSURANCE Barbara Burke, Ph.D., Esquire, Legal Education Specialist » Access recording at: https://attendee.gotowebinar.com/ register/8099534088395899908 NOTARIES, ACKNOWLEDGEMENTS AND JURATS Alan McCall, VP, Southeast Region Underwriting Counsel » Access recording at: https://attendee.gotowebinar.com/ register/3356823668132092419 BANKRUPTCY CLE Credit available Pat Newton, Senior Underwriting Counsel » Access recording at: https://attendee.gotowebinar.com/ register/2054323502853506307

WHAT YOU NEED TO KNOW ABOUT THE NEW FinCEN GEOGRAPHIC TARGETING ORDER - RECORDED 2/18/2016 Len Prescott, VP, Florida Regional Counsel » Access recording at: https://attendee.gotowebinar.com/ register/2734040492744619523

The links shown above will expire approximately one year following the date of the recording. The same materials can be found on AgentNet®, where they will remain.

Log into AgentNet and go to Content Library. Search for “coffee with the underwriter Florida.” Here, you can view the sessions and access the handouts.

First American Title | Florida Legal Eagle | Volume VI

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THE

PROPERTY

PROFESSOR By: Alan McCall VP, Southeast Region Underwriting Counsel, Daytona Beach, FL

Dear Property Professor,

Dear Perplexed,

Our best real estate agent has asked us to close a purchase with a new mortgage. The seller is contributing to the closing costs of the buyer and we are told the facts are these:

No, it isn’t kosher but if you close it, you might end up in a pickle.

“The House was listed for $289K but the buyer was not able to make a down payment. The seller’s real estate agent told me the contract price was raised to $304K, with a first mortgage for $289K (100%) and a second mortgage to the seller $15K. The buyer was told the seller was lending $15K for the down payment and would “forgive” the loan after the closing. So the buyer ends up with a house worth $289K and one mortgage (after the second mortgage is satisfied for free) for $289K, and all they bring to the table is the closing costs. Is this kosher?”

– Perplexed in Palatka

Most likely the lender is unaware of what is happening. The buyer is also taking a risk that the seller will “forget” to “forgive” the $15K mortgage. You could wind up having the lender and the buyer mad at you as the facilitator of this transaction.

Florida statute s. 817.545 F.S. provides criminal penalties for mortgage fraud. It prohibits “any person” from “making a material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that the misstatement, misrepresentation, or omission will be relied on by a mortgage lender, borrower, or any other person or entity involved in the mortgage lending process…” If the “down payment” arrangement is not accurately reflected on the closing statement and then approved by all the parties in writing, it is possible the FBI or other law enforcement agency might be mad at you also.

If the closing statement incorrectly shows the purchase price of $304K for the house and a first mortgage of $289K, the lender will believe that the difference – a down payment of $15K – came from the buyer. In truth, the buyer put up nothing and the house is only worth $289K. Even if you get the originating mortgage lender to approve of the arrangement, there is no good way to know if successor mortgagees will be made aware. If the loan goes bad, the successor might be added to your expanding list of new enemies that you don’t need.

There may be many variations of the “down payment assistance” closing. Not all of them are bad. In the past, HUD had rules that allowed for down payment assistance to low or moderate income buyers, or first time buyers, where the source of the payment is limited and comes from relatives or approved charitable organizations, such as the Nehemiah Community Development Corporation. This clearly does not apply in your situation.

But, I am really glad you asked before you closed.

– Property Professor First American Title | Florida Legal Eagle | Volume VI

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Underwriting Q&A

Transactions Involving Florida LLCs By: Jennifer Bloodworth, Esq., Senior Underwriting Counsel, Winter Park, FL

Help! I am handling the closing for the sale of property by Greenacres, LLC, a Florida Limited Liability Company. I just found out the sole member and manager, Oliver Douglas, is deceased and the personal representative (“PR”) of his estate is telling me he has authority to convey the property. Is this correct? Does the LLC even still own the property?

In this case, it is important to recognize that upon Mr. Douglas’ death, title to the property did not change – it continues to be held by the LLC. It is the personal property interest in the membership of the LLC that is now part of his estate. So, if the PR has the authority to convey, the LLC would still be the grantor and the PR should convey as the PR of Mr. Douglas’ estate, the sole member and manager of the LLC. The question of whether the PR has authority to convey the property on behalf of the estate depends on the nature of the transaction. Florida Statutes Sections 605.0504 and 605.0102(35) grant authority to the PR to “exercise all of the member’s rights for the purpose of settling the member’s estate…” If the property is being sold in order to settle Mr. Douglas’ estate, then we would accept a deed from the LLC executed by PR as the PR of Mr. Douglas’ estate, the sole member and manager of the LLC. How do you know, you ask? Usually, an affidavit from the PR confirming the nature of the transaction will be sufficient. On the other hand, if the LLC is in the business of buying and selling real property and the transaction is continuing the business of the LLC, that may not be considered an authorized act of “settling the member’s estate.” In this case, you should reach out to your First American Title underwriter to determine what else may be required.

Additionally, if no probate estate had been opened or you are aware that any of Mr. Douglas’ heirs or devisees are contesting the transaction, you should contact your First American Title underwriter.

Things just got more complicated. I went to Sunbiz.org to confirm Greenacres, LLC’s status, and I noticed it had recently been administratively dissolved. I required that it be reinstated, but closing is tomorrow and no one has reinstated it. Do I need to delay closing until Greenacres, LLC is an active LLC? Likely not. An LLC may transfer title to real property as part of winding up the affairs of the company, so if you confirm this is the purpose of the conveyance, then the LLC does not have to be reinstated. Once you confirm this, the next step is to determine who should execute the deed. If the LLC was administratively dissolved, then, barring anything contrary in the articles of organization or operating agreement, the deed can be executed by the member, manager, or other authorized person in the same manner as if dissolution had not occurred. If the LLC was voluntarily dissolved or dissolved by judicial order, or if a statement of termination has been filed, you will need to contact underwriting for additional guidance. Finally, note this answer applies only to conveyances of real property. Mortgaging real property likely is not part of “winding up” the company’s affairs, so a dissolved LLC may not have authority to mortgage property.

First American Title | Florida Legal Eagle | Volume VI

When it rains it pours! I have confirmed the manager of the LLC has the authority to convey real property. However, the probate estate has already been closed, so we cannot get a deed from the PR. The new members of the LLC have appointed Haney Enterprises, Inc., a Florida corporation, as manager of Greenacres, LLC. I set up the signature block for Pat Haney, as president of the corporation, as manager of the LLC, and sent it out for signature. When I received the deed for recording, I saw that Mr. Haney had affixed his corporate seal, but did not have his signature witnessed. I reviewed Section 692.01, Florida Statutes, and saw that witnesses are not required for the corporation so long as the president, vice president or chief executive officer execute the deed and affix the corporate seal. Since Mr. Haney is the president of the corporation, I do not have to worry about witnesses, correct?

That is likely incorrect. Although you are right that Section 692.01, Florida Statutes, does provide an alternative method for a corporation to execute a deed, it is not at all clear this alternative method can be used when the corporation is executing as a member or manager of a limited liability company or as the general partner of a partnership. You should have the corporation’s execution of the deed witnessed by two subscribing witnesses.

I wish this file would finally close! Greenacres, LLC is selling to Blackacre, LLC, a Delaware Series Limited Liability Company, Series D. Blackacre, LLC is granting a mortgage to Commerce Bank, N.A. Can I insure the mortgage given by Blackacre, LLC? Unfortunately, not only can you not insure the mortgage, you cannot insure Blackacre’s title, either. Based on the name of the LLC, this is likely a Series LLC. Under a Series LLC structure, the members create a “master” limited liability company (the “Master LLC”) and then create several subsidiary LLCs. These subsidiaries are the “Series LLCs”. The Series LLCs are kept separate for accounting and liability reasons. They may each have a different mix of investors, the same investors with different percentage interests of ownership, different assets in which they have invested, or obligations that may be enforced only against the assets of that subsidiary; or some or all of these.

Importantly, the Series LLCs typically are merely accounting divisions of the Master LLC. They are not separate legal entities recognized under Florida law and, accordingly, are not capable of holding title to real property in Florida. One solution may be to have the Master LLC hold title to the real property and grant the mortgage. But to thoroughly work through the issues and obtain approval to close the transaction, you will need to get an underwriter involved. Please see our underwriting communication on this topic published May 13, 2016 and titled “FL-2016-0009 – Standard – Series LLCs in Florida Require Underwriting Review and Approval.”

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Closing Service Fees In a Nutshell By: Stefanie Lollis Escrow Branch Manager, Winter Park, FL

The Compliance Corner section of the Florida Department of Financial Services Insurance Insights Newsletter, Volume 5, No. 7 - July 2016 addressed the closing services fees that are listed on the settlement statement form. In the article under the header, Lawful Title Agency Services, DFS identified specific charges that are not authorized by Florida Statutes to be charged by a title insurance agent or agency for services. Specifically, agencies that charge additional fees as separate line items may be found to be engaging in deceptive practices against Florida consumers in violation of said Statutes.

The article states, “The Florida Statutes define closing services as the services performed by a licensed title insurer, title insurance agent or agency, or attorney agent in the agent’s capacity as such, including but not limited to, preparation of documents necessary to close the transaction, conducting the closing, or handling the disbursement of funds related to the closing in a real estate transaction in which a title insurance commitment or policy is to be issued.“ Important enough to reiterate to our Florida agents is the fact that the closing services fee listed on the settlement statement should be inclusive of all charges made by the agency to complete the transaction. The following examples are listed as being items that are NOT permissible as separate line items on the settlement statement form: • Postage and handling

• Digital documents

• Notarial services

• Document Preparation fee

• Copies

• Document storage or warehousing fees

• Electronic conversion of documents

The article states the penalty for these violations can be revocation of the licenses of the agent and/or the agency involved in the practice. It concludes that agencies may provide to the consumer an itemized listing of the fees included in their closing services fees, however, the total being charged must match the itemization listing and this would be separate from and in addition to the settlement statement.

It is recommended that you indicate that the person signed by way of mark. Two uninterested persons must witness the signing of the document and the notarization; their names and addresses must be clearly printed under their respective signatures.

First American Title | Florida Legal Eagle | Volume VI

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t h g i l t o p e v i t u Exec S Shabnam Jal akian VP, CHIEF INFORMATION SECURITY OFFICER, FIRST AMERICAN FINANCIAL CORPORATION

What was your first job in the title insurance industry?

What are your interests and hobbies outside of work?

I started my career in financial services, specifically in banking and investment management, and subsequently spent nine years in information technology and security consulting with Deloitte & Touche prior to joining First American. During my consulting tenure, I worked with insurance companies. In 2011, I joined First American, officially starting my career in the insurance industry.

I enjoy watching hockey and I am a serious Anaheim Ducks fan! We have been Season Pass Holders for the Anaheim Ducks for 20 years. My family also loves to ski and we travel every year to a different ski destination. My 12-year old son plays hockey and my 9-year old son plays baseball; we spend our Saturdays between the hockey rink and the baseball field.

Did you experience any major setbacks during your path to your current position?

I spent almost ten years in a consultative role and was in the partner pipeline a couple years in a row, but due to the recession economy, the partner goal kept getting bumped and didn’t come to fruition. At the time, I was convinced the road to success had hit a dead end for me. Once I decided to leave the frenzied consulting life and ended up at First American, I realized there were many wonderful opportunities still ahead. I have had a wonderful five and a half years with First American and have continued to learn and grow, while working for a great company.

What are some of the challenges you face in your current role in the Corporate Home Office that differ from your previous roles?

With increasing regulatory scrutiny and ever-evolving security threat landscape, we need to be vigilant in protecting confidential information trusted to our care, as well as confidential information that is proprietary to us. Balancing the need to move and deliver faster, while doing so securely, is a very challenging proposition. My office deals with this every day, given our responsibility to keep the enterprise safe, while making sure we stay competitive in the marketplace.

First American Title | Florida Legal Eagle | Volume VI

What advice would you give to our Florida underwriters to continue the growth of First American Title in the market?

First American has established a formal information security program, led by the Corporate Information Security office, to continuously oversee and strengthen our security and privacy practices. This is accomplished by implementing fundamentally sound security policies as well as repeatable processes, best-of-breed technology solutions, and regular awareness training. The objective of information security is to support the business and maximize stakeholder benefit while protecting the information assets of both the Company and its customers from all relevant threats. Security is also seen as a business “enabler” - permitting and encouraging the secure sharing of information. I would encourage the underwriters to let our customers know how serious we are about the protection of information they entrust in our care, and to be security evangelists for our customers and borrowers who may not have the same level of security protections at their disposal. Underwriters can help educate our customers to increase their level of awareness around wire fraud and hacking attempts and to be on the lookout for unusual activity they may notice around changing wire instructions.

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RA NSO M WA R E BY: MICHELE GREEN, SVP, SENIOR BUSINESS COUNSEL - AGENCY DIVISION

WHAT IS RANSOMWARE?

»» Enable automatic security updates from operating

Ransomware is a form of malware that targets critical data and systems for the purpose of extortion. Currently, there are two primary types of ransomware:

»» Set web browser security level to detect unauthorized

»» Lockscreen: shows a full-screen message that prevents

systems, applications and devices downloads »» Enable web browser pop-up-blocker

users from accessing their PC or files »» Encryption: changes files so they can’t be opened

HOW DOES IT WORK? Ransomware directs a user to click a link to pay a ransom to the cybercriminal in order to regain access to their system or files.

HOW DID RANSOMWARE GET ON THE PC? Ransomware can be inadvertently downloaded when a user visits a malicious website or a website that's been hacked.

Links to these malicious sites and other malware can also be delivered by email (which can often seem as though it’s coming from a trusted source), infected removable drives or bundled in other software.

HOW DO I PROTECT AGAINST RANSOMWARE? »» Implement awareness and training programs to educate

staff about the threat and delivery methods »» Schedule frequent, automatic back-up of your entire

system to a secure storage system »» Verify the integrity of backups and test the restoration

process

WHAT SHOULD I DO IF SOMEONE IS INFECTED WITH RANSOMWARE? »» Isolate and power-off all infected computers then

remove from network immediately »» Secure back-up data or systems by taking them offline »» Contact local law enforcement, a local field office of the

Federal Bureau of Investigation (FBI) or U.S. Secret Service to report a ransomware event and request assistance

SHOULD I PAY THE RANSOM? There is no one-size-fits-all response for victims. The payment link provided may be malicious and could lead to additional malware infections and there is no guarantee that paying the fine or following the ransomware instructions will restore access. Deciding whether or not to pay the ransom requires serious evaluation of all options to protect customers, employees, and business. Victims will want to evaluate the technical feasibility, timeliness, and cost of restarting systems from backup versus payment of the ransom.

Proactive prevention is the best defense; businesses with appropriate security measures in place may be able to eliminate the need to pay a ransom to recover data.

ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION, MORE THAN 4,000 RANSOMWARE ATTACKS HAVE OCCURRED DAILY SINCE JANUARY 1, 2016.

First American Title | Florida Legal Eagle | Volume VI

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At Your Service

DAVID JOSEPH “JOE” TEICHERT, ESQ. Underwriting Counsel, Jacksonville, FL

First American Title is pleased to announce the appointment of David Joseph “Joe” Teichert, Esquire to the position of Underwriting Counsel in our Jacksonville, Florida Office. As Underwriting Counsel, Joe will focus on the underwriting needs and requirements of our approved attorneys, agents, and employees in Jacksonville and North Florida while reporting directly to Len Prescott, Vice President and Florida Regional Counsel.

Prior to joining First American Title, Joe served as an assistant vice president and claims counsel for a national underwriter. His legal background also includes experience as a civil litigator for one of Northeast Florida’s oldest full service law firms and serving as Assistant State Attorney for the Office of the State Attorney Fourth Judicial Court. Joe’s extensive title claims and litigation experience will enhance his ability to accurately analyze underwriting issues and reduce risk to our agents and First American Title.

Joe is a “double gator,” having graduated from the University of Florida with a Bachelor of Arts in political science and receiving his Juris Doctor from the University of Florida Levin College of Law. He is an active member of the Real Property, Probate and Trust Law Section of the Florida Bar. “We are extremely excited to have Joe join our team in Florida,” said Prescott. “His professionalism, extensive knowledge of the industry and customer-focused attitude are strengths that will deliver tremendous value to our agents. Joe will quickly be a very impactful member of our underwriting team dedicated to providing our agents with the highest quality product, expertise, and customer experience in the industry.”

Please join First American Title in welcoming Joe Teichert to his new position. He is a valuable resource and one more reason you can count on First American Title.

Joe may be reached at 904.858.9206 or jteichert@firstam.com.

Memorial Day OUR OFFICES WILL BE CLOSED MONDAY, MAY 29, 2017

First American Title | Florida Legal Eagle | Volume VI

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There’s a

New Cyber Scam

Spreading Across The Country The agent receives an email from a “buyer” purporting to have property under contract and wants the agent to facilitate the closing – often a cash deal or large earnest money deposit from an “out of town” buyer.

When the agent agrees, the fraudulent buyer sends funds in the form of a wire or check along with purchase and sale agreement.

The agent might even know or confirm that the property really is listed for sale – and it is. The amount for the contract even looks right given the list price/value. After a few days, the buyer says the deal fell through and asks for the money back saying, “a wire would be best.”

The check or wire has either not cleared yet, or even if it has, it is still within the period for which payment can be stopped or reversed. Either way, the agent ends up having paid out good funds, but has no good funds paid in.

1. Never wire out funds from your escrow account until you have confirmed that funds are IRREVOCABLY in your escrow account.

2. Contact the listing agent for the property at a KNOWN SAFE NUMBER - confirm that the property really is under contract to the parties with whom you are dealing.

3. BEWARE the deal out of nowhere! Ask the buyer where they got your agency’s name.

4. If you have any questions, please do not hesitate to contact your First American Title Underwriter.

First American Title | Florida Legal Eagle | Volume VI

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SUFFER A DATA BREACH? HERE’S YOUR FIRST 24-HOUR CHECKLIST

Acting quickly and strategically following a data breach can help you regain your security, preserve evidence and protect your brand.

According to Experian, it’s important to collect, document and record as much information about the data breach and your response efforts, including conversations with law enforcement and legal counsel, as you can.

Once a breach is discovered, contact legal counsel for guidance on initiating these 10 steps: 1. Record the date and time when the breach was discovered, as well as the current date and time when response efforts begin, i.e. when someone on the response team is alerted to the breach.

2. Alert and activate everyone on the response team, including external resources, to begin executing your preparedness plan.

3. Secure the premises around the area where the data breach occurred to help preserve evidence.

4. Stop additional data loss. Take affected machines offline but do not turn them off or start probing into the computer until your forensics team arrives.

5. Document everything known thus far about the breach: Who discovered it, who reported it, to whom was it reported, who else knows about it, what type of breach occurred, what was stolen, how was it stolen, what systems are affected, what devices are missing, etc.

6. Interview those involved in discovering the breach and anyone else who may know about it. Document your investigation.

7. Review protocols regarding disseminating information about the breach for everyone involved in this early stage.

8. Assess priorities and risks based on what you know about the breach.

9. Bring in your forensics firm to begin an in-depth investigation.

10. Notify law enforcement, if needed, after consulting with legal counsel and upper management.

For more information on policies and procedures to protect non-public personal information, review ALTA’s Title Insurance and Settlement Best Practices at www.alta.org/bestpractices.

Reprinted with permission of the American Land Title Association.

Copyright © 2004-2017 American Land Title Association. All rights reserved.

First American Title | Florida Legal Eagle | Volume VI

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NEW TWISTON

WIRE FRAUD By: Michele A. Green, SVP, Senior Business Counsel - Agency Division

Over the past few years, First American Title has communicated with its settlement professionals that they are targets for fraudsters due to the large sums of money they are responsible for disbursing in the course of closing real estate transactions. These fraudulent schemes to divert funds continue, and losses to the parties involved are often devastating.

In the classic scheme, the closing professional receives an email that provides disbursement instructions regarding the seller proceeds or loan payoffs. These emails appear to come from a party in the transaction, but are actually from fraudsters who have hacked into the email traffic associated with the transaction. Most settlement professionals now employ call-back procedures to confirm any instructions received via email, but mistakes are sometimes made and funds are lost.

THE NEW TWIST

WHAT CAN WE DO?

The latest evolution in this theft epidemic occurs after a closing professional has already wired funds to a fraudster’s account having relied upon fraudulent wire instructions.

Settlement professionals should institute and unwaveringly follow protocols that require verification of all disbursement instructions.

The fraudster then initiates contact with the closing professional and poses as the receiving bank for the wired funds, often using a spoofed caller identification to increase the appearance of legitimacy.

The fraudster communicates that the funds were sent to an account flagged as being suspicious - and assures the settlement professional that the funds will be returned within a few days. This assurance tricks the closer into not contacting the true receiving bank to freeze the funds, and provides the fraudster sufficient time to move the funds beyond the reach of the parties.

• Most settlement professionals require at the very least outgoing call-back procedures utilizing a known, safe telephone number to confirm any instruction received via email.

• Incoming telephone calls are not a substitute, due to the known risk of call spoofing.

• Closing professionals should also take care to confirm direct contact with the funds recipient where possible. Funds have been lost when a closer relies on a call-back made to counsel for a recipient, but the confirming contact between the recipient and his/her counsel was via compromised email.

• Many settlement professionals now require inperson, wet signature disbursement instructions from parties who have presented valid identification.

AS TO THE NEW TWIST Upon any indication that funds have or might have been misdirected, settlement

professionals should initiate immediate, direct, outgoing contact with both the wiring and the receiving bank. Never rely on an incoming call to provide confirmation of contact.

BE CAREFUL OUT THERE!

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Underwriting Spotlight:

John Balberchak Senior Underwriter Q A

WHERE DID YOU WORK PRIOR TO COMING TO FIRST AMERICAN TITLE?

Q A

WHAT MADE YOU WANT TO WORK IN THE TITLE INDUSTRY?

Q A

WHAT BROUGHT YOU TO FIRST AMERICAN TITLE?

Q A

TELL US ABOUT THE EMPLOYEE CULTURE IN YOUR OFFICE.

Q A

For 12 years, I was the EVP of The Professional Title Group, Inc., in Tallahassee, in charge of research and title insurance underwriting. This high-volume agency was partially owned by First American, and then subsequently acquired by our Company.

Want? Or Need? The short answer: Beer and a nationwide recession.

As a poor college senior, a friend and I answered an ad for a part-time position posting instruments on tract cards at a local title company. Upon graduation and staring at a very restrictive job market, I was offered a position as an abstractor. A year later, after a cram course in title searching, escrow closing, and the relatively new and emerging product in Florida, “title insurance”, I earned the opportunity to manage a small title company in the Panhandle. I seemed to have a knack for all aspects of the business and I truly enjoyed the work.

The people in Florida’s operations. As a long-time, non-exclusive agent, and then as an employee, I knew from experience that the people First American Title employed were the best in the business. In my opinion, you just can’t work, grow, and learn with a better bunch. That remains true today, and explains my 38-year longevity with the Company.

Our office was formerly a regional location and hub for several departments for many years. Although times have changed the makeup of our office, the culture of cooperation and personal interactions, were, and are, the norm. We have an opendoor policy that extends to everyone in the building and beyond.

TELL US SOMETHING THAT NOT MANY PEOPLE KNOW ABOUT YOU. I’m a serious reader of non-fiction sports books, with emphasis on baseball legends.

If I could go back in time, for only a few days, I’d stop the bullets meant for Lincoln and Kennedy…and I’d like to pitch, just once, for the 1927 Yankees.

First American Title | Florida Legal Eagle | Volume VI

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Rumor or Reality?

More on Settlement Agent Liability for Lost Money By: Barbara Burke and the SE Region – Agency Division Education Team

In previous issues, we looked at cyber liability insurance and how coverage might help protect settlement agents against loss caused by cybercrime. In addition to potential loss that might not be covered by your business’ insurance, agents should also consider the loss of reputation if money is stolen from their escrow or trust accounts. Insurance might help with repayment of stolen money, but a lost business reputation might never be recovered.

What is clear is that businesses, now more than ever, must work diligently to educate their employees to avoid being duped by cyber criminals and establish security procedures to reduce the risk of cybercrime. Remember, it isn’t just the risk of loss of funds that is at stake; it’s the potential loss of licensing and customers that could jeopardize the future of the business.

Conclusion

Consider what happened in New York last year. April 2016 articles in the “New York Post” and “The Real Deal,” a New York real estate publication, described how clients of a New York real estate attorney sued her for money lost to cyber criminals who hacked the attorney’s email account. According to the article, the clients claimed their attorney was “oblivious to the threat of cybercrime and did nothing to protect their interests from this form of fraud.” Not only did the attorney use an aol.com account, one of the free email accounts most commonly hacked, she also apparently did not use security features available to AOL customers. Additionally, she did not verify the authenticity of an email she allegedly received from the seller, confirming receipt of her clients’ $1.9 million deposit, after her clients had wired the funds to the cyber criminals’ account. The seller never received the funds; the cyber criminals did.

Without diving into more of what the attorney should have or could have done, let’s consider the impact of the lawsuit.

What other real estate purchasers will hire her to hold their funds? Will this distrust over managing her email account leak into overall distrust of her managing real estate transactions in general?

Whew! Not only might settlement agents be liable for repaying lost funds but agents also run the risk of being sued by their customers and clients for lack of controls. Florida Statute 501.171 requires companies to take “reasonable measures” to protect personal information, and there are possible sanctions for violations of Florida Bar Rule 4-1.6(e) that obligate attorneys to protect client information.

The National Association of Insurance Commissioners is working on a model “Insurance Data Security” law that imposes requirements on businesses regarding protection of customer information, along with notification if there is a breach. Whether this law will supersede state laws currently in effect is unclear.

First American Title | Florida Legal Eagle | Volume VI

1. Know the law and the rules that apply to your business.

Know what requirements must be met for protecting client information.

2. Do not advertise your business protects customer information in certain ways if your company is not meeting those standards.

3. Change your company’s policies and procedures to meet the minimum required standards.

4. Consider raising your standards to meet current and future customer expectations.

Customers today are highly sensitive to their information being stolen. If your company has access to customer information, protect it! If you lose customer information to a cybercriminal due to lax procedures, you may not have a business to advertise any more.

The articles below provide more information on this topic: “A Lawyer’s Obligation to Protect Confidential Client Information in the Digital Age,” by Ryan J. McConnell, The Florida Bar Real Property and Probate Law Section, ActionLine, Summer 2016 “You’ve Been Hacked and Now You’re Being Sued: the Developing World of Cyber Security Litigation,” by Michael Hooker and Jason Pill, The Florida Bar Journal, July-August 2016 “What We Talk About When We Talk About “Reasonable Cybersecurity: A Proactive and Adaptive Approach,” by Kevin L. Miller, The Florida Bar Journal, Sept-Oct 2016

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CASE LAW UPDATES

Judgments Foreign judgments domesticated in Florida under the FEFJA are treated as Florida judgments. Thus, they are entitled to a twentyyear period for enforcement under § 95.11(a).

Patrick v. Hess, Case No. SC15-1147, 2017 WL 632259 (Fla. 2017)

Foreclosure Lis Pendens – On a rehearing, the Fourth DCA substituted the instant case for their prior opinion from August of last year. The court held that a lis pendens precludes the attachment and enforcement of unrecorded liens against foreclosed property between the time of final judgment and judicial sale. Ober v. Lauderdale-by-the-Sea, No. 4D14-4597, 2017 WL 361127 (Fla. 4th DCA 2017) Lis Pendens – The court denied appellants motion for rehearing en banc but withdrew its prior opinion (Jallali v. Knightsbridge Village homeowners Ass’n, Inc., No. 4D152036, 2016 WL 3548843 (Fla. 4th DCA 2016).) and substituted the instant case in its place.

The court held that the filing of a lis pendens by a first mortgagor does not preclude a community association from filing a foreclosure action on the same property and against the property owner for delinquent association fees. The fees must arise from a declaration recorded before the lis pendens. However, the court noted such a foreclosure action would likely be inferior to the foreclosure of a first mortgage as Section 720.3085 sets the priority of association liens to the filing of a claim of line against a first mortgage. Jallali v.

Knightsbridge Village Homeowners Ass’n, Inc., No. 4D15-2036, 2016 WL 34567 (Fla. 4th DCA 2017) Statute of Limitations – Following involuntary dismissal, a lender is not precluded by the statute of limitations from filing a subsequent foreclosure action based upon a default that occurred after dismissal and within five years of the subsequent foreclosure action. Bartram v. U.S. Nat. Bank Ass’n, Nos. SC14-1265, SC141266, SC14-1305, 2016 WL 6538647 (Fla. 2016) Priority – The recording requirement in section 701.02(1), F.S. only applies to protect subsequent assignees or bona fide purchasers of a mortgagee. Thus, a city’s recorded lien was not superior to the unrecorded assignment of superior mortgage Barton v.

Metrojax Prop. Holdings, LLC, No. 3D15-1575, 2016 WL 6781827 (Fla. 3d DCA 2016)

Condition Precedent – Bank did not substantially comply with Paragraph 22 of the mortgage by stating in their initial default letter that acceleration of the note had already occurred and by filing to inform the borrower of their right to asset the nonexistence of any default. Further, the letter was sent 8 days before filing of foreclosure, and not at least thirty days as required by the mortgage. Dixon v. Wells Fargo Bank, Nat. Ass’n, No. 4D15-3974 (Fla. 4th DCA 2017)

Condition Precedent – The failure of a condition precedent to foreclosure requires dismissal of a foreclosure action with prejudice and precludes finding a money judgment for past due installments on the mortgage Lopez v. JP Morgan Chase Bank, Nat. Ass’n, No. 3D15-625, 2016 WL 6778303 (Fla. 3d DCA 2016) Condition Precedent – Note specifically incorporated HUD regulation § 203.604, requiring a face-to-face interview with the mortgagor prior to initiating foreclosure proceedings. The court held that denying the occurrence of a face-to-face meeting is not an affirmative defense but rather a specific denial of a general allegation that all conditions precedent have been met. This denial must be pled with specificity and particularity. Palma v.

JPMorgan Chase Bank, No. 5D15-3358, 2016 WL 7176754 (Fla. 5th DCA 2016) Condition Precedent – Bank was not required to send a new Paragraph 22 notice of default after Defendant made partial payments that did not cure the default. The mortgage provided that bank could accept partial payment without waiver of any right to foreclose or to receive future payments. Bank also sent Defendant notices of acceptance of partial payment that reserved all rights in the bank, referenced the same acceleration date, and stated the amount necessary to cure the default. The court held that the mortgage allowed for these partial payment notices without altering the sufficiency of the Paragraph 22 notice. Bank of NY Mellon v.

Withum, No. 4D15-1986, 2016 WL 6778674 (Fla. 4th DCA 2016) Standing – A bank proved standing to foreclose by testimony identifying and admitting a pooling and servicing agreement which, along with a corresponding loan schedule, listed the bank as trustee and the loan created by the note. The date of the agreement showed the bank owned the note before the bank filed their original complaint.

The court explicitly distinguished this case

First American Title | Florida Legal Eagle | Volume VI

from Lewis v. U.S. Bank Nat. Ass’n, noting that the polling and services agreement in Lewis could not identify the note. Bolous v. U.S. Bank Nat. Ass’n, No. 4-D15-2608, 2016 WL 6476320 (Fla. 4th DCA 2016) Standing – Bank included a copy of a note in their complaint and later introduced the original note in the same condition at trail. The court held this created an inference that the bank was in possession of the note at the time the complaint was filed. Bank of NY Mellon v.

Milford, No. 4D15-4813, 2016 WL 7118837 (Fla. 4th DCA 2016) Default Judgment – Default judgment for failure to file a response was overturned.

Defendants filed a motion to dismiss at 1:30 am on the date of their default hearing. A hearing on the motion was set for later in the same day. Parties are entitled to plead or defend at any time before default is entered and the court found default to be in error as the defendant’s motion to dismiss was pending at the time default was entered. Sansbury v.

Wells Fargo Bank, Nat. Ass’n, No. 5D15-1956, 2016 WL 7174347 (Fla. 5th DCA 2016) Waiver of Claims – No express waiver of pre-existing claims will be found in a loan modification unless there is clear and unambiguous language, sufficient to support no conclusion other than waiver. Otherwise, waiver will be an issue for the fact finder.

Rodriquez v. Ocean Bank, No. 3D15-1802, 2016 WL 6901638 (Fla. 3d DCA 2016) Extinguishment of Mortgage – The court reversed the granting of borrower’s motion to have mortgages substituted with cash in escrow or the court’s registry. The borrower reached agreements to sell several encumbered properties after the mortgagor had initiated foreclosure proceedings on the properties. The court held that a mortgage is a constitutionally protected property interest that cannot be extinguished or substituted except through agreement of the parties, judicial sale, or eminent domain. The court reasoned the motion improperly forced the mortgagor to surrender its mortgage for substitute collateral. Beach Community Bank v. Spellman, No. 1D16-0467, 2016 WL 7441729 (Fla. 1st DCA 2016)

Title Insurance In an action to quiet title on a beachfront property, it was determined the city of New Smyrna Beach did not have title to the east 150 feet of a property that ran up against

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LEGAL NEWS AND INDUSTRY UPDATES A $90 Billion Debt Wave Shows Cracks in U.S. Property Boom By: Sarah Mulholland, Bloomberg | January 24, 2017 A $90 billion wave of maturing commercial mortgages, leftover debt from the 2007 lending boom, is laying bare the weak links in the U.S. real estate market.

Housing Outlook 2017: Eight Predictions from the Experts By: Samantha Sharf, Forbes | January 03, 2017

Senate Republicans Unveil Bill to Replace CFPB Director with Committee By: Ben Lane, HousingWire | February 01, 2017 While the Consumer Financial Protection Bureau, with the support of top Democratic Party leaders and 17 Democratic state attorneys general, is fighting in court to defend its leadership structure, a Republican-led effort in the Senate could render the legal battle over the CFPB a moot point.

In so many ways 2016 was an unprecedented, volatile and, for some, excruciating 12 months.

the public beach. However, it was held the public, through uninterrupted use, had created a customary right to access and use the contested land. The instant case held the public right is a common law “restriction on the occupancy, use, or enjoyment of the land.” Thus, the public right fell within Old Republic’s policy exceptions. Further, the court held that Old Republic did not have a duty to search for any public right of access that was not of record later than the root of title. Kahama VI, LLC v. HJH, LLC, No. 8:11-cv2029-T-30TBM, 2016 WL 7104175 (M.D. Fla. Dec. 06, 2016) Community Association Law Condo Association Dues – Lender was entitled to declaratory judgment that Lender qualified for safe harbor cap on delinquent association dues (§ 718.116(1)(b), F.S.). The condo association had been involuntarily dismissed from the lender’s foreclosure suit as a sanction against lender’s predecessor. The sanction, as a matter of law, could not render the association’s lien superior to the lender’s first mortgage lien. PNC Bank, Nat. Ass’n v.

Inlet Village Condo. Ass’n, Inc., Nos. 4D15-266 & 4D15-3057, 2016 WL 6611300 (Fla. 4th DCA 2016) HOA Fees – Delinquent HOA assessments stem from a consensual agreement to pay and thus debtors are entitled to protections under the federal Fair Debt Collection Practices Act and Florida’s Consumer Collection Practices Act. Agrelo v. Affinity Mgmt. Servs., LLC, 841 F.3d 944 (11th Cir. 2016) HOA Fees – The word “initially” in the safe harbor provision limiting liability for delinquent HOA fees requires foreclosing plaintiffs join community associations at the inception of a foreclosure action. The court held that because the note holder joined the

HOA after acquiring title through foreclosure, and four years into the foreclosure action, the note holder was not entitled to the statutory limitation on HOA fees. Fed. Nat. Mortg.

Ass’n v. Mirabella at Mirasol Homeowners’ Ass’n, Inc., No. 4D15-4792, 2016 WL 6901681 (Fla. 4th DCA 2016) Amendment of Declaration – Section 718.111, reducing the maximum vote for termination to 80%, is not retroactive against a Condo declaration lacking Kaufman language.

A retroactive application would work a “severe, permanent, and immediate change” in unit owner’s contractual relationship through the declaration. An amendment limiting ownership of any real estate interest in more than two units was found to be a reasonable restraint on alienation. Tropicana Condo. Ass’n, v. Tropical Condo., LLC, No. 3D15-2583, 2016 WL 6778379 (Fla. 3d DCA 2016) MARTA – – A voluntary homeowners association filed a MARTA Preservation Notice to protect its covenants and restrictions from extinguishment. Residents of the association community challenged the association’s authority to file the notice and won. The trial court awarded attorney’s fees under Section 712.08 for asserting a false or fictitious claim by notice. The instant court upheld the award of fees, holding that “false” or “fictitious” includes mistaken ideas. Thus, the association’s lack of authority created discretion in the trial judge to award attorney’s fees. The court rejected arguments that the statute does not apply to voluntary HOA corporations and that the statute requires an intent to file a false or fictitious notice. Sand Lake Hills Homeowners Ass’n, Inc. v. Busch, Case No. 5D16-21, 2017 WL 242574 (Fla. 5th DCA 2017)

Administrative Law Environmental Resource Permit – Village of Key Biscayne lacked standing to challenge the DEP’s issuance of an environmental resource permit by administrative hearing.

The village alleged the permit to temporarily install floating docks in Virginia Key disrupted compressive plans and zoning regulations as well as the village’s contractual obligations and economic investments in Virginia Key. The village did not allege facts that showed either a substantial environmental interest within the zone encompassed by the permit, which required showing (1) injury in fact or an immediate threat of injury and (2) injury of the type or nature protected by the administrative proceedings. Key Biscayne v. Dep’t. of Env’t Prot., No. 3D15-2824, 2016 WL 6609762 (Fla. 3d DCA 2016) Recording Statute And Merger By Deed The doctrine of merger by deed is an extension of the principle of integration of contracts and depends upon the intent of the parties. The court found a purchase agreement preserving the seller’s right to receive rent from an easement merged into the deed, despite the absence of specific terms in the deed, as the parties did not intend for the right to merge into the deed.

The court held the right to receive rent is an intangible interest in real property and thus an instrument reserving this right is subject to Florida’s recording statute. The instrument creating the right must be recorded to be effective against subsequent purchasers for value. Further, this right is distinct from an easement. The court explicitly distinguished Procacci (324 So. 2d 180), holding that “subject to” language in a deed is not necessarily ambiguous if it refers to a right to receive rent. Harkless v. Laubhan, No. 2D155385, 2016 WL 7388547 (Fla. 2d DCA 2016)

The information contained in this document was prepared by First American Title Insurance Company (“FATICO”) for informational purposes only and does not constitute legal advice. FATICO is not a law firm and this information is not intended to be legal advice. Readers should not act upon this without seeking advice from professional advisers.

First American Title | Florida Legal Eagle | Volume VI

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FIRST AMERICAN TITLE

RAPID RESPONSE TEAM The Florida Underwriting Department of First American Title is pleased to announce the formation of our Rapid Response Team. We understand that time is of the essence when working on real estate transactions, and a quick response from our underwriting department may be necessary to keep transactions on track, even when the need arises after normal business hours.

Team Members

The Rapid Response Team shares one email address (FloridaUW@firstam.com) and phone number (866.728.5207). Utilizing this communication method will save agents time and eliminate the need to make multiple telephone calls or send multiple emails if their preferred underwriter is unavailable.

GREG BLOMELEY VP, Underwriter Winter Park, FL

BILL BOYCE

Underwriting Counsel Tampa Bay, FL

The quality and responsiveness of the Rapid Response Team will increase our speed of service and allow us to provide timely underwriting support and assistance to our loyal and valued agents.

866.728.5207 FloridaUW@firstam.com CHIP KOVAL

Underwriting Counsel Gainesville, FL

WADE WALLACE

Underwriting Counsel Estero, FL

First American Title | Florida Legal Eagle | Volume VI

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FLORIDA STATEWIDE UNDERWRITERS Represents locations of FL underwriters

REGIONAL AND STATE UNDERWRITING COUNSEL TEAM Alan McCall

Leonard (Len) Prescott

VP, SE Division Underwriting Counsel D: 407.618.7935 | M: 407.312.9132 amccall@firstam.com

VP, FL Regional Counsel D: 305.908.6252 | M: 305.900.8427 lprescott@firstam.com

John Balberchak

Joe Teichert

Sr. Underwriter D: 850.296.3084 | M: 850.445.9323 jbalberchak@firstam.com

Jennifer Bloodworth

Sr. Underwriting Counsel Winter Park: 407.691.5296 Sunrise: 954.839.2959 M: 407.790.2057 jbloodworth@firstam.com

Underwriting Counsel M: 904.858.9206 jteichert@firstam.com

Greg Blomeley

VP, Underwriter D: 407.691.5210 | M: 850.445.9320 O: 407.691.5200 | gblomeley@firstam.com Rapid Response Team: FloridaUW@firstam.com

Charles (Chip) Koval

William (Bill) Boyce

Underwriting Counsel D: 352.415.4765 | M: 352.240.2519 ckoval@firstam.com

Sr. Underwriting Counsel D: 727.549.3312 | M: 727.501.3454 wboyce@firstam.com Rapid Response Team: FloridaUW@firstam.com

W. Wade Wallace

Pat Newton

Underwriting Counsel D: 239.676.3747 | M: 239.961.2110 wawallace@firstam.com Rapid Response Team: FloridaUW@firstam.com

Sr. Underwriting Counsel D: 239.330.3328 | M: 239.272.1856 pnewton@firstam.com

Sherri Wedesky

Underwriter D: 850.296.3170 | M: 850.766.7792 swedesky@firstam.com

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