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Source of Title Blog

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 ::

Ohio's H.B. 201 Gets My Vote for Worst Bill of the Year
by Robert Franco | 2014/05/06

Yes, I know it is only May.  There is still a lot of time for our legislature to really do something stupid (and I'm sure they will), but I'm pretty confident that H.B. 201 will take the award for Worst Bill of the Year for 2014.  It seeks to greatly expand and codify equitable subrogation, which I have blogged about before. In 2010, I opined that Equitable Subrogation was an Over-used Remedy for Negligence and I applauded an Ohio Supreme Court decision that limited its applicability.  I was particularly pleased with the Court because more than a year earlier I questioned the lower court decision that applied equitable subrogation to bail out the negligent lender. 

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Categories: Abstractors, Huh?, Land Title Associations, Ohio Legislation, Small Agents, Title Industry

Source of Title Blog :: 0 comments ::

Affordable Care Act ("Obamacare") Allows Tax Credits to Eligible Small Employers
by Robert Franco | 2013/08/16

I wrote this blog for my law firm Web site.  However, seeing as many of us on Source of Title are small employers, I thought it would be good information to share here.  If you are an "eligible small business" you may qualify for a tax credit to help pay for your employees' health insurance.

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Categories: General Interest, Legislation

Source of Title Blog :: 0 comments ::

Shockingly Inadequate Argument in Foreclosure Appeal
by Robert Franco | 2013/07/17

Apparently, in the underlying foreclosure case the lender sought reformation to correct a typo in the legal description and the homeowner argued that the mistake was not "mutual," therefore the lender was not entitled to reformation and could not foreclose "due to an improper and incorrect legal description."  The trial court granted summary judgment to the lender and the homeowner appealed.

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Categories: General Interest

Source of Title Blog :: 3 comments ::

Is a Conveyance Fee Due on the Conveyance of an Easement in Ohio?
by Robert Franco | 2013/05/24

When a deed is recorded in Ohio, the Auditor's office normally charges a conveyance fee of $4.00 per thousand of the value of the property conveyed.  I was recently told that at least one Ohio County has been charging the conveyance fee at the time easements are recorded.  This has not been the normal practice, to the best of my knowledge, but that doesn't necessarily mean that it is not proper.  So, is the conveyance of an easement subject to the conveyance fee?

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Categories: Abstractors, Ohio Legislation, Public Officials, Title Industry

Source of Title Blog :: 0 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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