Terms of service

Effective August 21, 2026

1. Who we are, and what you are agreeing to

These terms govern your use of this website and of the FAPG Trust Desk application, both operated by Fiduciary Asset Protection Group, LLC ("FAPG", "we", "us"). By opening an order, accepting an invitation to join an order, or otherwise using the service, you agree to these terms.

If you do not agree, do not use the service.

2. What the service is

FAPG prepares documents from information supplied by you and by the other party to your transaction, using attorney-reviewed templates and a rules engine that applies the requirements of the state in which the property is located.

The service is limited to preparing those documents and routing them for the form of signature each one requires.

3. What the service is not

• We do not provide legal, tax, accounting, or investment advice.
• We are not a title company. We do not perform title searches, issue title insurance, or guarantee the state of title.
• We do not conduct closings and we do not hold funds in escrow.
• We do not verify title, loan balances, marital status, occupancy, or any party's authority to convey.
• We do not represent either party to the transaction. Both sides use the same file, and our role is the same toward each.
• We make no representation that a lender will not enforce a due-on-sale clause. It may. See the legal notice.

4. Eligibility

You must be at least 18 years old and legally able to enter a binding contract. The property must be residential real estate located in the United States, in a jurisdiction FAPG has opened for service.

A jurisdiction is opened only after an attorney admitted there has reviewed the encoded rules for that state and cleared it on the record.

5. Your account and your credentials

You are responsible for maintaining the confidentiality of your sign-in credentials and for activity under your account. Tell us immediately if you believe your account has been accessed by someone else.

Invitations to join an order require both a link and a separate code delivered by a different channel. Do not forward both together, and do not share either with anyone who is not a party to your transaction.

6. Two parties, one file

A subject-to file involves at least two parties with opposing interests. One party opens the order and invites the other. Each completes their own portion.

What the other party can see is limited to an explicit list of fields, each with a stated reason. Confidential identifiers are stored so that no party can read them back. This is described in the privacy policy.

7. Fees, authorization, and capture

Professional fees are fixed and published, and do not vary with the price of the property.

Your payment method is authorized when you check out and is captured only when your file is accepted for preparation. If the other party never responds, or if compliance declines the transaction, the authorization is released and no charge is made.

8. Pass-through costs

Amounts set by a county, a state, or a third-party provider — recording fees, transfer and documentary taxes, notary and remote-notarization charges — are quoted as labelled estimates, collected with your payment, and reconciled against the actual charge.

If the actual amount is lower, the difference is returned. If it is higher, we will tell you before incurring it. Estimates are estimates: the taxing authority sets the number, not FAPG.

9. Cancellation and refunds

The refund schedule is published in full on the refund policy page and is applied by the same function that computes it, so the published policy and the enforced policy cannot differ.

Unspent pass-through amounts are returned in full in every case.

10. Your responsibilities

You are responsible for the accuracy and completeness of the information you supply. Documents are prepared from that information.

You are responsible for deciding whether this transaction structure is appropriate for you, and for obtaining independent legal and tax advice before you sign anything. You are responsible for performing your own diligence on the property, the loan, and the other party.

11. Electronic records and signatures

Documents are delivered and, where permitted, signed electronically. Your consent to transact electronically is obtained separately and may be withdrawn.

Some documents cannot be signed electronically. Recordable instruments require notarization, which means remote online notarization where the state permits it and ink on paper where it does not. Full details are on the E-Sign consent page.

12. Third-party providers

We use third parties to process payments, verify identity, conduct remote notarization sessions, and host the service. Their handling of your information is described in the privacy policy.

We are not responsible for the acts or omissions of a county recorder, a lender, a loan servicer, a title company, or any party you engage directly.

13. Acceptable use

• Do not supply information you know to be false, or impersonate another person.
• Do not use the service to conceal a transfer from a party entitled to notice of it, or to defraud a lender, an insurer, or a taxing authority.
• Do not attempt to access another party's information, probe the service for vulnerabilities outside our disclosure policy, or interfere with its operation.
• Do not resell, white-label, or scrape the service or its jurisdiction data without written permission.

14. Intellectual property

The website, the application, the templates, and the jurisdiction data are owned by FAPG or its licensors. You receive the completed documents prepared for your transaction and may use them for that transaction.

You do not receive a licence to the templates themselves or to the underlying rules data.

15. Disclaimer of warranties

Except where the law does not allow it, the service is provided "as is" and without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that a county recorder will accept any instrument, that a lender will not accelerate a loan, or that a transaction will achieve any particular tax or legal result.

16. Limitation of liability

Nothing in these terms limits liability that cannot be limited under applicable law, including liability for fraud.

17. Indemnification

You agree to indemnify FAPG against claims arising from information you supplied that was inaccurate or incomplete, from your use of the documents outside the transaction they were prepared for, and from your breach of these terms.

18. Changes to these terms

We may update these terms. The effective date at the top of this page changes when we do. Material changes will be communicated to account holders before they take effect.

Terms in force when your order was placed continue to govern that order.

19. Contact

Questions about these terms: Eric@FiduciaryAssetProtectionGroupLLC.com