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EX HIB IT 1
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OFFICE OF THE ATTORNE Y GENERAL

STATE OF FLORIDA
DEPARTM E.~ T OF' LEGAL AFFAIRS

IN THE MATTER OF:

AG Case No. Ll0-3-1207
Nationwide Title Clearing, Ine.,
a Florida Corporation,

_____________________
Respondent.
/

ASSURANCE QF VOLUNTARY COM,PLIA.+"lCE

PURSUANT to the provisions of Florida's Deceptive and Unfair Trade Practices Act

("FDlITPA" ), Chapter 501, Part II, Florida Statutes, the OFFICE OF THE ATTORNEY

GENERAL, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS C'the Attorney

General") caused an inquiry to be made into practices of Nationwide Title Clearing, Inc.

('WC"). NTC agrees to be boWld to the terms and conditions herein. NTC is prepared to enter

into this AssurdIICe of Voluntary Compliance C'AVC"), without any admission that it violated

the law and for the purpose of resolution of this matter only, and the Attorney General, being in

agreement, does in this matter accept this AVC in tennination of this investigation, pursuant to

Section 50 I .207{6); Florida Statutes, and by virtue of the authority vested in the Attorney

General by said statute, the following is agreed:

L Sil!!ULATED FM,;TS
1. 1 NTC is a Florid a corporation, with its principal place of business located at 2 I 00

Ah. US 19 North, Palm Harbor, Florida 34683.

1.2 NTC provides research and doctunentation services for residential mortgage

lenders and serviccrs. NTC's documentation services have included the creation and execution
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of documents related to mortgage loans such as assignmen ts of mortgages and lien releases as

well as affidavits relating to missing docwnents in the loan portfolio (hereinafter referred to

generally as "mortgage-related documents").

1.3 The Attorney General investigated certain practices of NTC for potent1al

violations of FDUTP A and related laws, including document creation and execution of

mortgage-related documents. NTC reports that it ceased signing affidavits on behalf of its

clients in August of 2010 and no longer executes affidavits as part of the services it provides.

NTC also maintains that it has consistently evaluated and modified its notary 'practices to comply

with Florida notary law, and that it exceeds the acknowle dgment and proximity requirements of

Florida notary law,

H. COMPLIANCE TERMS

Pursuant to this AVC, NTC will imp1ement or continue to conduct its business practices

as follows:

2. I NTC agrees that it will comply with the provisions of Chapter 501, Part II, Florida

Statutes, Florida's Deceptive and Unfair Trade Practices Act; Chapter I 17, Florida Statutes,

which governs activities of notaries public; Chapter 668, Part 11, Florida's Uniform Electronic

Transaction Act; and Chapter 695, governing record of conveyances ofreal estate. Furthermo re,

NTC will ensure that any mortgage.related docwnent s it prepares are prepared and executed in

compliance with the laws of the applicable jurisdiction(s).

2.2 NTC will not create, sign, and record a mortgage-related document in county

recording offices in Florida unless the person signing the document has pei-fonned a substantiv e

review or quality control check of the information contained in the document to ensure the

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accuracy and validity of that information. The signatory will review and understand the purpose

and nature of each documem to be recorded. This does not apply, however, to documents

prepared er recorded by NTC that are signed directly by NTC's clien1s ..

2.3 NTC will ensure that any person who executes and/or prepares at its direction

mortgage-re lated documents has adequate training.

2.4 NTC will supervise each signatory to ensure that the signa1ory is performing a
substantive review or quality control check of each mortgage~related document.

25 :NTC will ~nsur~ that affidavits or any other sworn docwnents executed by KTC's

employees, or by any person at the direction of NTC. a.re based on the affiant's review and

personal knowledge of the accuracy and completeness of the assertions in the aftidavits. Any

affidavit will confirm that the affiant has reviewed competent and reliable information , or

actually performed the atteste(3 functions described in the affidavit, to substantiate all assertions

contained within the affidavit.

2.6 Mortgage-re lated documents prepared for electroni~ recording shall be

electronically signed by the signatory oniy after the signatory has performed the substantive

review or quality control check required of paper documents (described abovr;;) and as otherwise

consistent with practices and procedures recognized under federal and state laws. Electronically

recorded documents shall not be signed outside the presence, knowledge, or control of the

signatory. Electronica lly recorded documents that are notarized shall comply v.ith all applicable

Jaws regarding the proper procedure for notarizing a document. The notary public's electronic

signature shall comply with Section 117.021, Florida Statutes and all other applicable laws.

2.7 Mortgage-re lated document.'> for recording in Florida that are signed by :t\1C or at

the direction of NTC will indicate thai the signatory has qualified authority to sign on behalf of

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the named institution that is an NTC client and will not misrepresent that the signatory is an

employee of the named institution.

2.8 Mortgage-related documents signed and dated by NTC shall reflect the accurate

date on which the document is signed.

2. 9 NTC shail en-;ure that its notary procedures comply with aU applicable Jaws

governing notarizations.

2.10 l\1TC shall maintain accurate records of each notary's official signature.

2.1 I NTC shall ensure that no mortgage-related document is signed by NTC on behalf

of a client without the clienf s express and specific authorization and NTC shall maintain up to

date records of such authorization.

2.12 NTC reports that it has reviewed all applicable mortgage-related documents that

were executed by NTC during the years of 2007 through 2012 and recorded in the State of

Florida and has remediated all such documents that required remediation. To the extent

necessary. NTC agrees to continue to remediate any such documents recorded in Florida when

NTC has the legal authority to do so and when reasonably necessary to assist any person or

borrower or when required by $late or local laws.

2. 13 NTC shall provide a report to the D~partment within 60 days of the execution of

this A VC detailing the results of any remediation on behalf of Florida residents undertaken since

the effective date of this AVC, if any.

2.14 Within l Odays of the effective date of this AVC, NTC shall provide a readily

accessible and conspicuous posting on NT C's website of a dedicated hotline number established

and maintained by NTC that consumers may call concerning any issues related to NTC's

execution ofmortgage•related documents prepared by NTC, as well as other servkes, including

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the opportunity for remediation of such documents. NTC shall have adequate and competent

staff to answer and respond to consumer inquiries promptly, and NTC shall establish a process

for dispute escalation and direct contact with NTCs clients at a number designated by such

client and methods for tracking the resolution or escalation of complaints.

III. IN-KIND CONTRIBUTION

3. 1 Upon its signing of this AVC, NTC shall arrange to provide certain title search services

to Florida nonprofit legal aid programs, free of charge. The services shall be provided in the form of

reports (description attached) and shall be distributed to the legal aid programs through Florida Legal

Services, Inc. The reports shall be used only by non-profit legal aid programs providing housing

assistance to a client in accordance with the program's guidelines, The reports may also be provided as

requested for use by the Attorney General's Office to provide assistance to distressed homeowners.

Certain Legal Aid programs have reviewed the proposed report formats and acknowledged that they are

useful to the programs. NTC shall communicate with Florida Legal Services, lnc. to determine a

procedure for the request and receipt of the services to legal aid programs. NTC shall continue providing

these title search services until the value of the reports provided has reached $250,000.00 or until

December 31, 2016, whichever comes first.

3.2 In no event, however, shall the number of reports provided to Florida nonprofit legal aid

programs pursuant to this AVC exceed 200 in any calendar month.

IV. STIPULATED PAYMENT

4.1 Upon its signing of this AVC, NTC shall deliver to the Tampa Bureau of the

Attorney General's Division of Consumer Protection. a check totaling $25,000 made payable to

the Department of Legal Affairs Revolving Trust Fund for the investigative and attorney's fees

and costs of this matter and for costs associated with ongoing and future monitoring of

compliance with this AVC. 1be check shall be delivered to Victoria Butler, Chief Assistant

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Attorney General, 3507 E. Frontage Rd., Ste. 325 1 Tampa, FL, 33607. The Attorney General or

her designee has the final authority to approve or disapprove the entry of this AVC.

4.2 In consideration for the fulfillment of the various obligations set forth above, AG

Case No. LI0-3~1207 and all other current matters concerning NTC shall be tenninated by the

Attorney General. However, the Attorney General reserves the right to seek penalties pursuant

to Florida Statutes, Chapter 501, Part II, for any future violation(s) of the terms contained within

this AVC. The Attorney General reserves the right to seek additional investigative and

attorney's fees and costs upon default, as defined herein, or upon any future noncompliance.

4.3 Satisfaction of the monetary obligations in this Section III shall not relieve any

other obligations under other provisions of this AV C.

V. ACCEPTANCE
5.1 This AVC shall become effective upon its acceptance by the Deputy Attorney

General, who may refuse to accept it at her discretion. The receipt of or deposit by the

Department of any monies pursuant to this AVC does not constitute acceptance by said

Department, and monies received wilJ be returned if this AVC is not accepted.

VI. GENERAL PROVISIONS

6. I No changes in the corporate name or structure of NTC shall be made in an

attempt to avoid the term,q and conditions imposed by this AVC.

6.2 NTC shall inform its employees and agents who are responsible for implementing

the obligations set forth in this A VC of the substantive terms and conditions of this A VC.

6.3 Nothing in this AVC shall be construed as a waiver or release of any private

rights, causes of action, or remedies of any person against NTC with respect to the acts and

practices covered by this AVC.

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6.4 Nothing herein shall be construed to limit or bar any other governmental entity, or

any other unit of the Attorney General from pursuing any law enforcement action with respect to

the acts or practices of NTC. In addition, nothing herein shall be interpreted to prevent the

Attorney General talcing enforcement action to address conduct of NTC occurring outside the

scope of practices investigated in this matter or occurring after the entry ofthis AVC that the

Attorney General be-lieves to be in violation of the law. The fact that such conduct was not

expressly prohibited by the terms of this AVC shall not be a defense to any such enforcement

action.

6. 5 Nothing hetein relieves NTC, its affiliates, subsidiaries, or their principals,

officers, directors, employees, agents, and representatives of their duty to comply with applicable

laws of the State and all federal or local laws, regulations, ordinances and codes, nor constitutes
1

authorization by the Atto~y General for NTC to engage in acts and practices prohibited by

such laws.

6.6 Nothing herein constitutes approval by the Attorney General ofNTC's past or

future practices. NTC shall not make any represeutation to the contrary regarding this AVC or

the name of the Office of the Attorney General, State of Florida, Department of Legal Affairs, or

any ofthefr current or former employees or representatives in connection with any

advertisement, promotion, or sale of products or services, or as an endorsement or approval of

NTC's acts, practices or conduc.t of business.

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IN WITNESS WHEREOFt Nationwide Title Clearing, Inc. caused this AVC to be

executed, thls.:<'.Y'day of Afw~&,,..- , 2015.

By my signature, I hereby affinn that I am acting in my capacity and within my

authority over Nationwide Title Clearing, Inc., and that I have full authority to bind Nationwide

Title Clearing, Inc., to the tenns and conditions of this AVC. By my signature I bind the

corporation to this agreement, as Chief Executive Officer of Nationwide Title Clearing, Inc.

r01{y1,1.11-----
JOHNHILLkh_N, as Chief Executive Officer of
NATIONWIDE TITLE CLEARING, JNC.
2100 Alt. US 19 North
Palm Harbor, Florida 34683
Telephone: 800-346-9152

STATE OF FLORIDA,
COUNTY OF PINELLAS
BEFORE ME, this cj,"-i ~ day of\~C'j\j,e_rf_l~----• 2015, an officer
duly authorized to take acknowledgments in the State of Florida, personally appeared John
Hillman, who acknowledged before me that he executed the foregoing instrument for the
purposes ther~in stated on behalf.)Nationwide Title Clearing, Inc., as Chief Executive Officer.

\)>k,Ur'Y'Jru.i
u ; .J...icaEMcGMy
NQffARY PUBLIC ➔ •
HCJTARVPUBUC
STATE OF A.ORIDA
• CGITlml FF021885
EJrpl,- 5/27/2017
j .e._s-s\C°'- ~- \"f\ c \,_,_""J--"'-O-._)r_(.c....,U,:.,_\_ __
{Print, type or stamp commissioned name of'Notary Public)
,/
Personally known___:{__ or Produced Identification ___ (check)

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FOR THE OFFICE OF THE ATTORNEY GENERAL

Victoria Butler, ChfoAssistant Attorney General

Consumer Protection Division
Florida Bar # 861250
Concourse Center IV
3507 E. Frontage Rd., Ste. 325
Tampa, Florida 33607
Telephone (813) 287-7950
Facsimile (813) 281•5515

Accepted this 1 /z- day of ~ • 2015.

PATRICIA A. CONNERS,
Deputy Attorney General
Florida Attorney General's Office
PL-01 The Capitol
Tallahassee, Florida 32399-1050
Telephone (850) 245-0410
Facsimile (8.50) 487-2564