F R O M T H E C L E R K O F C O U R T & C O M P T R O L L E R C i n d y S t u a r t – C l e r k o f C o u r t & C o m p t r o l l e r , T h i r t e e n t h J u d i c i a l C i r c u i t
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conveyance . It is governed under the summary procedure process in s . 51.011 , Florida Statutes . To combat the increase in deed fraud , the Statute authorizes Clerks of Court to provide the complaint form directly to customers in order to expedite the process of initiating litigation to recover their property from the alleged fraudulent transaction .
HB 1419 also amends a Florida Statute to require witnesses ’ addresses to be clearly listed on instruments that convey real property . Effective January 1 , 2024 , § 695.26 , Fla . Stat . ( 2022 ) is amended to require the “ post office address ” of a witness to an instrument to be “ legibly printed , typewritten , or stamped upon such instrument .” The law also authorizes the Clerk not to record an instrument that does not include all criteria reflected in the section . My office already requires a name and will soon require an address as well . We will be working to help educate Title companies that may be impacted .
A section of HB 1419 creates a Title Fraud Prevention pilot program in southwest Florida . The pilot program solely authorizes the Lee County Clerk of Court to require a person to produce a government-issued ID before recording a deed or other instrument . Lee County ’ s Clerk of Court will provide a final program report to the Governor by December 31 , 2025 . The pilot also encourages each Clerk ’ s office to put into place a property fraud alert system as of July 2024 .
My office is taking additional steps to combat property fraud by logging notary commission numbers to assist local law enforcement in the event multiple crimes are committed , and the notary is complicit with the fraudulent activity .
We have already implemented other proactive measures offering a free property fraud alert that notifies you whenever a document is processed in Hillsborough County using your name or business name . The Clerk ’ s office is notifying new homeowners of this service when they purchase their home , and spreading the word in our community through other outreach efforts . We are also educating homeowner ’ s associations , title companies , and realtors .
You can easily sign-up to have the alert delivered to you , per your choice , via email , text , or phone call . If you receive an alert about activity not initiated by you , early notification can provide you valuable time to report and help derail criminal activity . Homeowners can use the QR code shown in this article , visit www . propertyfraudalert . com / FLHillsborough or call 1-800-728-3858 to start the registration process .
While this service may not always prevent fraud from happening , it provides an early warning system allowing property owners to take appropriate action should they believe fraudulent activity has occurred with their property .
My priority is to make sure every homeowner in Hillsborough County has the opportunity to register and protect their property . n
Attorneys Needed for HCBA Lawyer Referral Service
The HCBA would like to extend an invitation to all attorneys to join the HCBA ’ s Lawyer Referral Service . Bilingual attorneys are especially in need as the local Spanish-speaking population is underserved in the following practice areas : probate , consumer protection , immigration , landlord / tenant and business .
To learn more and to join the HCBA ’ s Lawyer Referral Service , visit www . hillsbar . com / page / JoinLRIS ..
Contact Lupe Vazquez-Mitcham at 813 221-7783 or lupe @ hillsbar . com for further information .
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