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Source of Title Blog

My First Experience with Inverse Condemnation
by Robert Franco | 2017/06/25

Last week I wrote about inverse condemnation: The Supreme Court of Virginia Examines the Limits of Inverse Condemnation.  It reminded me of a client I had shortly after I started practicing law, Yetieve.  She was in her late 70's and she was taking care of her husband who had dementia.  The last thing she needed was to be forced from her home, but after an unfortunate series of events they had to move. A corner of her home was sinking into a 12 foot deep crater and the roof was starting to crack -- it wasn't safe to stay there.  What had caused it, and who was responsible?  Well, that is an interesting story. 

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Categories: Inverse Condemnation

Source of Title Blog :: 1 comments ::

A Time-Saving Title Search Tool?
by Robert Franco | 2017/05/29

There really haven't been many advances in title searching in a couple of decades - not since the book indices were replaced by computers.  Even then, it's arguable whether that was really an improvement.  I'm old-school -- I prefer the books.  I think it was quicker to search a name in the books, particularly when it was a common name, or one susceptible of several spelling variations.  Sure, the digitization of the records has made it easier to remotely access the records, but has it really changed the way we search? 

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Categories: Abstractors, Innovation, Technology

Source of Title Blog :: 3 comments ::

Confirmed... The Ohio Good Funds Law is Harming Consumers
by Robert Franco | 2017/05/17

A few days ago I wrote a blog about wire fraud.  I commented that those responsible for the change in our good funds law were at least partially to blame for innocent consumers getting conned out of their life savings.  Well, yesterday a local ABC news station has confirmed that I was right.

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Categories: Crime, Ohio Legislation

Source of Title Blog :: 3 comments ::

Email Fraud in Real Estate Transactions is on the Rise
by Robert Franco | 2017/05/14

A scheme that targets real estate transactions can be devastating to potential homebuyers.  Such scams are on the rise and changes intended to protect settlement professionals may have made matters worse for many innocent, unsuspecting consumers.

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Categories: Crime, Escrow/Funding, Legislation, Ohio Legislation, Risk, Liability and Claims, Title Industry

Source of Title Blog :: 2 comments ::

The Ohio House Sneaks a Massive Recording Fee Increase into the New Budget Bill
by Robert Franco | 2017/04/25

It was kept relatively quiet, though rumors have been circulating for a few weeks. Today the Ohio House of Representatives introduced a substitute budget bill that includes a massive increase in recording fees. Some documents will cost more than double if this version of the budget passes.  

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Categories: Ohio Legislation, Public Records, Title Industry

Source of Title Blog :: 0 comments ::

Is Notice by Certified Mail Worth the Cost?
by Robert Franco | 2017/04/03

Certified mail is the most common form of notice required by law. It is intended to provide some assurance that notice is actually provided by getting the recipients signature acknowledging receipt.  But, is it really all that effective? More importantly, is it really worth the cost?  The Ohio legislature seems to believe that there is a better way to provide notice in some circumstances.

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Categories: Ohio Legislation

Source of Title Blog :: 1 comments ::

Ohio House Bill Introduced to Regulate Solicitation of Deeds
by Robert Franco | 2017/03/22

The "Deed Scam" was discussed here on Source of Title more than a decade ago, and it hasn't gone away.  It refers to the official looking letter that warns you that you need a certified copy of your deed and then offers to get it for you... for $70.00, or more.  Considering I can get a certified copy for about $6.00 at the court house, I have always felt that this was nothing but a scam.  And, I'm not alone. 

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Categories: Consumer Advocacy, Crime, Ohio Legislation

Source of Title Blog :: 3 comments ::

In God We Trust... Everyone Else Gotta Pay by Wire Transfer
by Robert Franco | 2017/03/12

In Ohio, the new Good Funds Law that goes into effect on April 6, 2017, will require any funds over $1,000 be provided by wire transfer for all residential closings.  Cash and cashier's checks for amounts over $1,000 will no longer be accepted.  

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Categories: Escrow/Funding, Ohio Legislation

Source of Title Blog :: 1 comments ::

Michigan Abolished Dower
by Robert Franco | 2017/02/01

Michigan's dower statute has been on the books for more than 170 years.  Only a handful of states recognize dower rights, and the number is shrinking.  Interestingly, in Michigan the legislature finally took the steps to get rid of it because it would have needed to be revised in light of Obergefell v. Hodges (legalizing gay marriages).  

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Categories: Michigan Legislation

Source of Title Blog :: 3 comments ::

A New Curative Statute is Working its Way Through the Ohio Legislature
by Robert Franco | 2016/08/28

Ohio currently has a statute that cures certain defects in recorded instruments when they have been of record for more than 21 years.  Defects that can be cured include improper witnessing and missing or defective acknowledgements.  Senate Bill 257, if it passes, will broaden the application of the statute and shorten the time it takes for the cure to take effect. 

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Categories: Ohio Legislation

Source of Title Blog :: 2 comments ::

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Source of Title Blog

Robert A. FrancoThe focus of this blog will be on sharing my thoughts and concerns related to the small title agents and abstractors. The industry has changed dramatically over the past ten years and I believe that we are just seeing the beginning. As the evolution continues, what will become of the many small independent title professionals who have long been the cornerstone of the industry?

Robert A. Franco
SOURCE OF TITLE

 

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You're a good man, my friend.  I have worked for many lawyers in the past and it is too easy to...
by Alix Ott
I concur with the general sentiment that the advancement in information technology will likely make ...
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Posting from personal experience... The title company I work for has had 2 instances within th...
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I understand each jurisdiction has varying practices, but why would the real estate licensee be the ...
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Robert -  I am in agreement with you that there is no perfect solution for funds brought ...
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