- August 21, 1992
- All Florida Offices and Agents
- Death Certificates
I have received recently copies of several affidavits prepared by attorneys concerning death certificates which are not being recorded because of the recent Attorney General's opinion. The affidavits in question contain a clause which reads in substance as follows:
"Affiant specifically disclaims any liability to any person who may rely upon this affidavit."
I am sure these attorneys feel they are doing their job by protecting their clients but what they have done in our opinion is to place an affidavit on the record which has no value to anyone and, therefore, you are advised not to rely upon such an affidavit but instead to obtain a copy of the said death certificate, review it personally and have a copy of the death certificate in your file.
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.