Docu-File USA & Florida Title Pros Complaint: Background
On March 30, 2012, we purchased a condominium in Titusville, Florida. Our real estate agent broker, Melissa Criss of Sharp Properties, used the standard Florida Realtors Residential Contract for Sale and Purchase agreement (contract). The seller selected Florida Title Pros of Brandon, which is an affiliated office of Docu-File Title and Escrow of Tulsa, as title, escrow, and closing agent.
The condominium was rented by the seller to a tenant, starting March 1, 2012. So, it is important to know that the lease was executed prior to the date of our purchase contract. Thus, a tenant was in place when we bought the condominium. The tenant paid the seller, on February 27, 2012, prior to occupancy of the apartment, a $250 security deposit and a $600 advance/prepaid/last month’s rent.
In Florida, the purchase and sale contract serves as escrow instructions, but can be supplemented by additional written direction. For our closing, to our knowledge, there were no additional instructions.
The real estate closing includes various forms. Patti Dulaney, our closing agent, provided these forms for us to sign:
- Settlement Statement (HUD-1) which provides an accounting of payments and credits, such as purchase price, commissions, insurance, closing and escrow fees, handling and mailing fees, and prorateds and prepaids (such as property taxes, association fees, rents, security deposits). It gives the monetary disbursement bottom lines — how much buyer owes and how much seller nets.
- Error Correction Forms: Also known as compliance agreements or clerical error authorizations. These forms enable Florida Title Pros staff to address mistakes, errors and omissions, by revising any documents found to have problems.
- Information Forms: These include buyer and seller information forms, homeowner association transfer forms, and others. To our knowledge, Florida Title Pros did not obtain buyer or seller forms. Florida Title Pros obtained a homeowners association form, which included information on monthly maintenance fees, condo rental status, and rental and security deposits collected.