I spent the day fine tuning my talking points for a presentation that I'm giving in Tuscon next week. For the first time, I've decided to include fraudulent deed transfers to the ever growing categories of real estate fraud that I discuss with audiences.
The decision was based on information gathered from three different sources that I encountered this past week.
First, I received an e-mail from Dave Wirsching containing a link to a Philadelphia Daily News article portraying title theft as a minor epidemic in the City of Brotherly Love.
An alarming "122 stolen properties" were reported in Philly in 2006 and it's believed that many cases go unreported. Local authorities are concerned about having adequate staffing to handle the investigations and convictions.
Then, I noticed that Rachel Dollar touched upon the topic while testifying before a Senate Committee on behalf of the Mortgage Bankers Association.
Finally, my research uncovered an online service launched by McHenry County, Illinois to alert homeowners if documents containing their names are submitted to county clerks for recordation. Subscriptions are available for $12.99 for one year or $29.99 for three years.
The elderly are particularly vulnerable to this heinous form of fraud when their homes sit vacant. Using quitclaim deeds and forged signatures, fraudsters transfer title to properties into another name. The stolen properties are then quickly resold (flipped) or mortgaged to strip the rightful owner of any equity.
It's interesting to note that a number of accused offenders in Philadelphia were stupid enough to use their own names.
Fraudulent deed transfers are something to think about if you have elderly parents or loved ones whose homes are sitting vacant for any reason. You might consider asking your title company to periodically verify title or do it yourself using online records.
All in all, it's a frightening and sophisticated type of criminal activity that's best prevented by legislation that promises tough prosecution and lengthy prison sentences for offenders and accomplices. Think about it: a notary has to be part of the scheme.
Fran
Thanks for the insight. I'll ask for details the next time we speak on the phone.
Jan
Mechanic's lien statutes vary wildly from state to state. Last fall, I sat in on an underwriting seminar in Knoxville that covered similar issues and feel that your client might well have a legitimate title claim.
I would talk to a local title person before contacting the title insurer that issued the policy.
Great post, Ed. I haven't heard of this happening locally yet, but I'm sure it's only a matter of time before someone tries it. Title Monitoring could be a good business opportunity.
I am sure there are more of these out there than many folks realize. The elderly are a prime target for con artists, whether acting openly or quietly hidden. I believe we need much stricter penalties.
Ed,
I wonder how bad the study is here in FL. I deal with many seniors right now...so I wouldn't be surprised if it is wide spread here as well.
Hello All
I was absolutely shocked when hearing of a real estate crime that primarily targets the elderly. Title theft is sometimes mentioned at title seminars, but the fact that it has become pervasive is very surprising to me. I guess I'm overly optimistic about a collective conscience and can't imagine anyone preying upon the vulnerable.
Automated land records are definitely a contributing factor to the apparently expanding crime wave. Fraudsters can conduct ownership research and gather information needed to prepare fraudulent deeds from the comfort of their homes.
Thanks for commenting.
Ed
William
Have the 24 homes mentioned in the original covenant been sold?
Who has been paying the lawn maintenance fees to date?
Who do you foresee paying the lawn maintenance fees if the association is dissolved?
Well everything here is interesting. The only thing is, try and report it!
We had a property we owned transfered with a forged signature,(documented by 2 independent and seperate forensic document examiners), without a valid contract, and without our consent, in other words stolen. it was done by a large brand name title company. It has cost us over $10 in legal fees and we have no chance of recovering the missing funds nor our legal expenses. According to the judge a title company isn't a professional service so they can't be sued for professional malpractice, hence no legel costs.
We called the local police, they didn't care. we called the county sheriff, they didn't care. We called the FBI, they didn't care. We called the state banking and insurance commission, they said they had a slight problem with the signature but everything else was ok, they were even ok with the papers without a signature but with the missing signature witnessed by 2 people. We even called the governor, he didn't care either.
If no one cares about fraud and forgery, no wonder we are in this financial mess. i thought title companies were supposed to be the last line of defense against fraud, but if they are openly engaging in it, well i guess it just makes us worse than most 3rd world counties, at least there someone will do something.
My exhusband forged my signature on our home title deed in 1993 and transferred our property in his name. He sold the property in 2002. I have hired a lawyer to claim my half of the property. The new owner has Title Insurance and has filed a claim. To what extend will the Title Company resolve this matter? How will they help me to prove my case? Will they bring criminal charges against my husband. I might have to prove my case by bringing in a handwriting expert. I am an innocent victim and like others this matter is costing me money out of my pocket to resolve. People don't realize that one dishonest action by one causes hardship for many people that are involved. Congress has to come up with a law to impose strict punishment to these offenders. Forgery is a scary matter and with the economy the way it is, fraudalent acts are going to increase.
I failed to mention my legal name had changed. The notary failed to ask for ID or he was in on the scheme. I feel I have a strong case, but I have to go the extra yard to prove forgery of my signature. I could not obtain the original deed with my signature on it. Any advice or suggestions would be helpful. Meanwile I will continue to do my research. Oh, my the way, I live in Virginia.
I was wondering if it is a fraudulent conveyance if the wife is not on the mortgage note or deed with her husband and his mother, and his mother then conveys herself 1/2 interest in our marital home and changes it from JTWS to tenants in common? We didn't know she did it until about a year later. She said she was within her right to do this. Is that true? Oh, and the wife paid mostly all the mortgage payments and we live in Alabama.
Penny,
In Pennsylvania with a JTWS, there is an undivided interest in the whole. I would consult an attorney familiar with Alabama real estate law.
Thanks, Fran
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