Contents
Overview
Sources
Florida Statute 626.8473(4) and Florida Administrative Code Rule 69O-186.008
Wet or Dry Settlement
Wet
Definition
Florida Statute 626.8473(4)requires title agents to maintain an escrow account and deposit funds in to that escrow account. Florida Administrative Code Rule 69O-186.008 requires that a title insurer or a title agent to disburse on "collected funds". "Collected Funds" are defined as funds deposited and finally settled and credited to the insurer's or title agent's escrow account.
Requirements
Must have "collected funds" as defined by Rule 69O-186.008(1) i.e. good funds, before disbursing at the closing.
Exceptions to Requirements
Notwithstanding that a deposit made by a title insurance agent or title insurer to the escrow account has not been finally settled and credited to the account, the title insurance agent or title insurer may disburse funds from the trust account in reliance on such deposits under any of the following circumstances:
- (a) The deposit is made by a certified check, cashier’s check, or money order;
- (b) The deposit is made by a check representing loan proceeds issued by a federally- or state-chartered bank, savings bank, savings and loan association, credit union, mortgage broker licensed under Chapter 494, Florida Statutes, or other duly licensed or chartered lender;
- (d) The deposit is made by a check drawn on the trust account of a lawyer licensed to practice in the State of Florida or on the escrow or trust account of a real estate broker licensed under Chapter 475, Florida Statutes, or on the account of a mortgage broker licensed under Chapter 494, Florida Statutes, or on the escrow trust account of a title insurance agent or title insurer licensed under the Florida Insurance Code, when the title insurance agent or title insurer has a reasonable or prudent belief that the deposit will clear and constitute collected funds in the trust account within a reasonable period of time;
- (e) The deposit is made by a check issued by the United States Government, the State of Florida or any agency or political subdivision of the State of Florida;
- (f) The deposit is made by a check issued by an insurance company authorized to do business in the State of Florida and the title insurance agent or title insurer has a reasonable and prudent belief that the instrument will clear and constitute collected funds in the trust account within a reasonable period of time;
- (g) The deposit is made by a personal check in an amount not to exceed $500 when the title insurance agent or title insurer has a reasonable and prudent belief that the instrument will clear and constitute collected funds in the trust account within a reasonable period of time.
However, due to the high incidence of counterfeit and forged cashier and certified checks, most, if not all, title insurers and agencies require that funds be received by wire and that those funds be "collected funds" before disbursing.
