Bulletin: FL000041

Date:
May 03, 1994
To:
All Florida Offices and Agents
RE:
Judgments - New Requirements

Dear Associates:

There are certain new requirements which the Legislature has imposed upon the recording of judgments.

Beginning October 1, 1993, judgments must include the Social Security number of the person against whom the judgment is rendered. However, errors in the Social Security number do not affect the validity of the judgment.

Corporations and other business entities operate under a taxpayer identification number rather than a Social Security number. This is not required by the statute to be on a final judgment. All of this is required in order to become a lien on real property.

The judgment must also contain the address of the party obtaining the judgment or be accompanied by an affidavit containing that information simultaneously recorded with a certified copy of the judgment. This is obviously going to help locate the judgment creditor and the failure to include the address makes the judgment ineffective as a lien.

We are concerned that until this statute has been tested in court, some court at a later date may hold that the address was intended for informational purposes and that the judgment is a lien even if the address fails to be stated and so we feel the preferable practice is and, therefore, our underwriting requirement is, that judgments be shown as exceptions without regard to whether or not they have a Social Security number or taxpayer identification number or address.

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.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
10.08 Judgments
Exceptions Manual:
FL Judgments
Forms:
None