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Claims Chronicles - Forged document

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Title Insurance with First American Title Insurance Company
Dream House Print this Page Genoa, NV --Here at the foot of the Sierra Nevadas, within a few miles of South Lake Tahoe, Howard and Dorothy chose this site to build their dream home. Fortunately, the couple bought an owner's policy of title insurance. For as the property was being staked and readied for construction, one of the sellers appeared and demanded an explanation. "How," she wanted to know, "did you get my property without my signature?" "What's the story?" The property was formerly owned by Richard and Lezlie, husband and wife, who once also planned to build their dream home here. But things changed after his employer transferred Richard to Florida. It was from Florida that Richard arranged to sell the property, and the deed to Howard and Dorothy was signed and mailed from Florida. A Careless Keystroke Promised Land --The insureds chose this site for their dream home, under construction at left.

This last part, the part about the deed, was news to Lezlie.

How she wanted to...Handwriting analysis of the deed proved that Lezlie's signature was forged. They didn't even spell her name right--making it "Leslie." The sale proceeds were sent to Richard in Florida, and Lezlie didn't collect a penny. The notary on the deed was a fellow employee of Richard's, who notarized the document as a "favor."

When last we heard, Lezlie and Richard were legally separated.

First American paid $75,000 to Lezlie, representing her half interest in the sale proceeds. Construction of our insureds' new home was not delayed.

MORAL: A grantee's only protection against forgery is the notary, but your best protection against loss from forgery is title insurance. While notaries may be required to be bonded, the bond amount is usually low. In this case, we recovered $5,000 as the full amount of the notary's bond.

Comments(23)

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AZ Mortgage Broker: Michael George
Arizona Wholesale Mortgage Inc. - Phoenix, AZ
AZ Mortgage Rates

Wow!  Was this post featured twice?  Or am I seeing double?

I once worked for a mortgage company- and it wasn't my department, believe me- but a loan officer notarized his own documents on a loan in which he was making an ENORMOUS commission and the woman that signed was confused because she had brain cancer.  True story.  Many loan officers are dirtballs, unfortunately.  But not all.  Of course.  Not all.

Mar 26, 2007 01:15 PM
Robert Hammerstein -
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate
Excellent post!  Worth repeating too! 
Mar 26, 2007 01:22 PM
Suzanne Sands
Pavao Real Estate - Somerset, MA
Somerset MA Real Estate
Great post! Excellent example of why title insurance is a must!
Mar 26, 2007 01:29 PM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi Christopher, 

Thanks for sharing and a  question for you:

Does your state require a finger print on notarized documents? Actually for deeds and other conveyances?  It was adopted in our state (fraud capitol of the globe, lol, sorry to say yet true) iof  CA,  Yet I doubt that's it's nationwide.

I'd really like to hear how it's done in other states.

Mar 26, 2007 01:41 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Christopher... as stated, this is a good reason to have title insurance and the importance of a good notary, title clerk, or lawyer.

On another note, Congrats on your 1st featured post.  PS... you need a smaller name....  ;o)

feature

 

 

 

 

 

 

 

 

 

 

 

                                                                     jeff belonger

Mar 26, 2007 01:54 PM
Kelli Fronabarger
Bend River Realty Inc. - Bend, OR
Realtor - Bend Oregon
As a notary, I can believe it. My surety bond is for 10,000 but that seems like a very low amount in light of the damages a forged signature could cause. Very, very unfortunate. Good post : )
Mar 26, 2007 03:22 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Good post Christopher. Fortunately it worked out without too much trouble. I have had a number of buyers opt out of the insurance. While it can be costly, it is worth the peace of mind, IMO. Thanks for sharing the story. Good example of the risks you can avoid.

Lynda- to your question, when I worked in MASS we did not have to provide fingerprints for notaries, but perhaps that has changed in the last couple of years.

Jeff

Mar 26, 2007 03:29 PM
Andy George
Century21 Drue Self Real Estate - Las Cruces, NM
Good lesson Christopher! I've never had such an incident, but  it is good to be reminded that it does happen.
Mar 26, 2007 03:37 PM
Roger Stensland
Keller Williams Realty Puget Sound - Maple Valley, WA
Let's Move!
To me that is a scary story.  I thought that forgery was against the law and punishable by imprisonment.  Title insurance is dirt cheap compared to what can happen without it.
Mar 26, 2007 03:38 PM
Kristal Kraft
Novella Real Estate - Denver, CO
Selling Metro Denver Real Estate - 303-589-2022

Stories like this make me nervous about working with people.  How many times do we check the I.D. of the people we are having sign the listing? 

Food for thought...

kk

Mar 26, 2007 03:43 PM
Joan Snodgrass
Midamerica Referral Network - Kimberling City, MO
When working for a Century 21 broker in Indianapolis, all agents were required to get their notary.  Has this changed now, or does anyone know of this practice?
Mar 26, 2007 03:48 PM
George Tallabas
RE/MAX Advantage - Nampa, ID
Idaho Real Estate
Christopher...great post and great lesson.  I have been with an investor for over 18 years and he buys and resells foreclosure properties.  He learned the hard way to puchase title insurance before he even bids on foreslosed homes.  He decided to do this after a property he purchased and resold showed up tainted after a 2nd deed of trust was discovered (missed by two former title companies) in the amount of $65,000.  The reason it was missed before is because the lien was recorded using the properties physical address instead of the legal description.  This is why two prior title companies missed it.  When the new buyers went to refinance their new home a year down the road the lien was discovered. The title company that was used when my seller resold the property sued my client for failure to disclose the deed of trust which he knew nothing about.  The suit was settled out of court and my client always buys title insurance now before even bidding on a property, whether or not he wins the bid.
Mar 26, 2007 03:55 PM
Scott Sohle
RE/MAX Western Realty - Durango, CO
RE/MAX Western Realty

Great Post Christopher-

Insurance sounds expensive, until you need it, then it seems real cheap.

Mar 26, 2007 04:45 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

I am glad I have not run into anything like that.  I have one or two where the seller could not sell the home legally, but it was caught early with the title search.

Mar 26, 2007 05:38 PM
Kaye Thomas
Real Estate West - Manhattan Beach, CA
e-PRO, Manhattan Beach CA
Way too much chance of fraud in our world to take a chance on not obtaining title insurance..
Mar 26, 2007 05:44 PM
Danny Smith
DISCOVER TEXAS HOMES - Round Rock, TX
So if Leslie stepped up and declared she wanted to retain the property what would have happened?
Mar 26, 2007 09:52 PM
Luke Constantino
Brooklyn/Manhattan Real Estate - Brooklyn, NY
Residential/Commercial Real Estate Brooklyn NY

We had that here in NYC quite a bit years ago...

Sometimes a case comes up here and there but I haven't run ito it myself.

Be careful.

Mar 26, 2007 11:25 PM
Sandra Cummings
William Raveis Real Estate - Guilford, CT
Real Estate Agent, Guilford Connecticut

 

How scary for the buyer - glad they had title insurance. In Connecticut, closings handled by attorneys.  I don't think most buyers know they don't have to have it. Just assume it is another cost of buying a home. Never had a closing where the buyer didn't have title insurance.

Sandra

Mar 26, 2007 11:57 PM
Kelly Kilpatrick
Rancho Santa Margarita, CA
Broker-Associate
Amazing. I've got to wonder what happened to the sheisty seller and the notary. I'm sure the notary must have lost her license. Do people honestly think they'll get away with these actions? Do people ever get away with it?  I've never heard that one of my clients has needed to use their title insurance, but my welcome packet includes a page that addresses title insurance benefits.  I haven't yet had a buyer or seller complain.
Mar 27, 2007 05:57 AM
Thesa Chambers
West + Main - Bend, OR
Principal Broker - Licensed in Oregon
Great post!  What is funny is when I was a notary - I do not recall having a bond - the State sent me a book - I took an open book test and mailed it in with my check - they sent me my certificate and presto I went and had my stamp made... pretty scary alright
Mar 27, 2007 07:50 AM