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Kimberly Gilbert-Toelle

Brennan & Brennan Attorneys at Law, P.A.

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Brennan & Brennan Attorneys at Law, P.A.

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RE: Buyer's Funding Amount

Posted By Kimberly Gilbert-Toelle 10-24-2023 11:23
Found In Egroup: Open Forum \ view thread
Although it is the Lender's responsibility, we still send out a "draft" ALTA Settlement Statement once we have matched with the Lender's "final" Buyer Closing Disclosure along with a reminder that we need to receive the Buyer's wire prior to closing. We still require wires because a large number of our ...

RE: Tax stamps / Transfer taxes

Posted By Kimberly Gilbert-Toelle 05-03-2023 09:05
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West Virginia has transfer taxes but no state stamps/recordation taxes. The transfer taxes are collected at the time the Deed is recorded although there are some exemptions. The transfer tax rate varies from $2.20 per $500.00 to $3.85 per $500.00 and varies from County to County with enabling State legislation ...

RE: Disbursing to Realtors

Posted By Kimberly Gilbert-Toelle 04-18-2023 16:48
Found In Egroup: Open Forum \ view thread
I was able to find the following online: In 1999, the Florida Real Estate Commission stated in a Final Order (FREC DS-98-02) that a broker "may by written authorization request that a closing agent disburse commissions directly to its salespersons following the closing of the transaction." That would ...

RE: Disbursing to Realtors

Posted By Kimberly Gilbert-Toelle 04-18-2023 09:36
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It depends on your State. In the State of West Virginia the commission checks must be made payable to the Broker. Your Title Underwriting Counsel and your State Regulators should be able to provide the appropriate guidance. Kim Kimberly A. Gilbert-Toelle, Esq.* Raber Law Offices, PLLC 484 Williamsport ...

RE: Seller Fraud

Posted By Kimberly Gilbert-Toelle 03-14-2023 09:01
Found In Egroup: Open Forum \ view thread
You should get an ID even if you do know the person. I knew a person who used a shortened surname because his actual surname was long, foreign, and unpronouncable by most people. I also knew a woman who always used her husband's surname but never legally changed from her maiden name when they got married ...

RE: Seller Fraud

Posted By Kimberly Gilbert-Toelle 03-13-2023 09:22
Found In Egroup: Open Forum \ view thread
A similar fraud to be aware of that I have encountered was a fraudster forging a Death Certificate which was then used to open a Probate and sell the property as Administrator of the Estate. We were able to catch the fraudsters prior to closing once I determined that the Death Certificate was forged. ...

RE: eClosings

Posted By Kimberly Gilbert-Toelle 03-08-2023 09:47
Found In Egroup: Open Forum \ view thread
One way to address the RON issue is to support the Securing and Enabling Commerce Using Remote and Electronic Notarization Act (SECURE Notarization Act) which would require minimum standards nationwide. It is supported by ALTA. Kim Kimberly A. Gilbert-Toelle, Esq.*134 Sedona CourtMartinsburg, WV 25403Home: ...

RE: Title Searcher/Abstractor Licensing

Posted By Kimberly Gilbert-Toelle 02-23-2023 01:42
Found In Egroup: Open Forum \ view thread
West Virginia considers abstracting the practice of law and therefore must be done by or under the supervision and control of an attorney licensed to practice law in the State of West Virginia. Kim Kimberly A. Gilbert-Toelle, Esq.*134 Sedona CourtMartinsburg, WV 25403Home: 304-274-6733Cell: 301-910-4625email: ...

RE: Proposal For Title Search Vendorship

Posted By Kimberly Gilbert-Toelle 10-04-2022 09:32
Found In Egroup: Open Forum \ view thread
Try Brennan Title Company. They have been around for a long time and have an excellent reputation. Here is a link to their DC Office: https://www.brennantitle.com/Default.aspx?tabid=460 Kim Kimberly A. Gilbert-Toelle, Esq.*134 Sedona CourtMartinsburg, WV 25403Home: 304-274-6733Cell: 301-910-4625email: ...

RE: Hello- looking for training materials

Posted By Kimberly Gilbert-Toelle 09-14-2022 08:24
Found In Egroup: Open Forum \ view thread
Most title underwriters have a library of seminars, webinars and other training materials to assist new agents in educating themselves on the need to know items that you identified. I applaud you for wanted to expand your knowledge and suggest that you start there. Kim Kimberly A. Gilbert-Toelle, Esq.*Raber ...

RE: Seller's social security number

Posted By Kimberly Gilbert-Toelle 09-07-2022 10:53
Found In Egroup: Open Forum \ view thread
The IRS provides you with a way to avoid the penalty for failure to provide a SSN on a 1099-S if you follow their instructions for notifying the Seller of the potential imposition of fines and penalties. I have included the link for your reference. Instructions for Form 1099-S (01/2022) | Internal Revenue ...

RE: Escrow Banking

Posted By Kimberly Gilbert-Toelle 06-13-2022 09:50
Found In Egroup: Open Forum \ view thread
Due to the IOLTA and Escrow rules in most states, we accept checks only. If you accepted debit or credit cards it would create several potential issues: 1. You would need to fund the fees from your operating account prior to disbursement. 2. With respect to credit cards, most Lenders prohibit their ...

RE: Stale Check Tracking

Posted By Kimberly Gilbert-Toelle 08-05-2021 10:02
Found In Egroup: Open Forum \ view thread
We use RynohLive. You can create your own report parameters so that payoffs, taxes, insurance, title premiums, etc. appear on your daily report much earlier than disbursements to the Realtors, Buyers, or Sellers. I review every Morning Report to ensure that there is not something that needs attention. ...

RE: Calling on Our Title Problem Solvers!

Posted By Kimberly Gilbert-Toelle 06-30-2021 11:32
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They targeted properties that were coming up for Tax Sale. They would then generate a Death Certificate for the owner, open the Probate, and market and sell the properties themselves. I am not certain how many property owners they had scammed prior to being caught because the Lead FBI Agent would not ...

RE: Calling on Our Title Problem Solvers!

Posted By Kimberly Gilbert-Toelle 06-30-2021 10:15
Found In Egroup: Open Forum \ view thread
I was able to stop the theft of a property by determining during an examination of a Death Certificate that it was possibly fraudulent. The scammers had forged a Death Certificate and used it to open a Probate naming one of the scammers as Personal Representative of the Estate. Once I confirmed that ...

RE: How are you preventing wire fraud?

Posted By Kimberly Gilbert-Toelle 06-24-2021 07:59
Found In Egroup: Open Forum \ view thread
We also do not accept Cashier's checks because our Relocation Sellers require that their proceeds and payoffs be wired before releasing the keys to the Buyers. Cashier's checks have to be deposited AND cleared before they are good funds available to disburse on. Kimberly Gilbert-Toelle Raber Law Offices, ...

RE: What does a good day "at the office" look like?

Posted By Kimberly Gilbert-Toelle 05-18-2021 08:34
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After a good day at the office, I would be telling my family about a major title issue that I resolved or a way that I was able to help hold a transaction together and propose a workable solution to a matter that had arisen in a transaction. My most rewarding days are when I am able to use my knowledge ...