How do I handle payment of fees for electronic recording of title documents?
Section 695.27, Florida Statutes, permits the electronic transmission and recording of real property documents. Electronic filings may require that an electronic payment accompany the documents to be recorded. The consumer should be charged the exact amount of the fee charged to the agency to record the documents pursuant to Section 626.8473, Florida Statutes. There is no statutory prohibition on the electronic payment of title fees directly to a title agency’s account, nor do the statutes address how the agency should handle such payments. If a title agency chooses to accept electronic payments for these services, such payments may be made to escrow or other accounts, following the guidelines below. Electronic recording payments are trust funds subject to the provisions of Section 626.8473, Florida Statutes; agencies must hold trust funds in a fiduciary capacity and the funds are at no time the property of the title agency or agent. • Escrow: If an agency chooses to accept payments in
