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Is it really possible for someone to steal your home by theft of title? Login/Join 
Ignored facts
still exist
posted
I keep hearing this radio advertisement for a place that's selling some kind of home title theft insurance. The ad talks about some lady whose home was stolen from her when someone else moved the title to their name, and eventually the rightful owner was evicted when the thief sold the title to someone else, who wanted to move into the home they thought they bought.

Is this really possible? Or is it just a scam advertisement to sell some unnecessary insurance?


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Posts: 11275 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
Member
Picture of 229DAK
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A little Google search came up with:

Linky

Maybe a bigger issue is a perp taking out equity loans on your home.


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Posts: 9474 | Location: Northern Virginia | Registered: November 04, 2005Reply With QuoteReport This Post
I'd rather be hated for who I am than loved for who I am not
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No Idea...but I suspect both of those are true. I know that Banks have done some pretty illegal stuff
 
Posts: 7936 | Location: Bismarck ND | Registered: February 19, 2003Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
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You would easily be able to defend against the claim of a fraudster. However, it could cost you quite a bit to do so.

The insurance may be useful to cover those costs. However, the premium strikes me as high given the very low risk that this happens to you.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53474 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
eh-TEE-oh-clez
Picture of Aeteocles
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I have literally seen this scam first hand. The corporation I worked for owned a number of houses as investment properties.

The scammers filed the paperwork to create a fake corporation of the same name.

The corporation then opened escrow to sell the property to another fake corporation in Delaware.

The next step would be then selling to an unsuspecting legitimate buyer.

We caught them accidentally, as we were preparing to sell the house ourselves and pulled the title.

We ended up contacting the financial crimes division of our sheriff's department. We didn't think they would do anything. We also had to lawyer up and spent about $20k in fees to quiet title on the property.

Some weeks later, the escrow company (who had been notified of the scam) let the sheriff's department know that the scammers had come back and were now at the step where they were trying to sell to a legit buyer. The sheriff's department set up a sting, and an officer went undercover as the notary. Arrested two middle eastern guys.

They didn't get much of a sentence, but they were ordered to pay restitution of our attorneys' fees and court costs.
 
Posts: 13069 | Location: Orange County, California | Registered: May 19, 2002Reply With QuoteReport This Post
eh-TEE-oh-clez
Picture of Aeteocles
posted Hide Post
quote:
Originally posted by jhe888:
You would easily be able to defend against the claim of a fraudster. However, it could cost you quite a bit to do so.

The insurance may be useful to cover those costs. However, the premium strikes me as high given the very low risk that this happens to you.


I think the quiet title action gets muddier against a bona fide purchaser for value.
 
Posts: 13069 | Location: Orange County, California | Registered: May 19, 2002Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by Aeteocles:
quote:
Originally posted by jhe888:
You would easily be able to defend against the claim of a fraudster. However, it could cost you quite a bit to do so.

The insurance may be useful to cover those costs. However, the premium strikes me as high given the very low risk that this happens to you.


I think the quiet title action gets muddier against a bona fide purchaser for value.


Well, sure, but that isn't fraud, then. I assume they mean the out-and-out fraud were someone files forged deeds, etc.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53474 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Just because you can,
doesn't mean you should
posted Hide Post
It probably happens somewhere but you're more likely to be struck by lightning and these company's may not be selling you anything of value either.
The most likely time for an individual to have a problem is related to identity theft. The best way to prevent that is by putting a free credit freeze through each of the three the credit agency's, not a third party pay site.

https://www.sbnonline.com/arti...t-arent-telling-you/


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Posts: 10080 | Location: NE GA | Registered: August 22, 2002Reply With QuoteReport This Post
The Joy Maker
Picture of airsoft guy
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quote:
Originally posted by Aeteocles:

They didn't get much of a sentence, but they were ordered to pay restitution of our attorneys' fees and court costs.


"Pay restitution" is a fancy lawyer way of saying "had bees put in their asshole", right?



quote:
Originally posted by Will938:
If you don't become a screen writer for comedy movies, then you're an asshole.
 
Posts: 17170 | Location: Washington State | Registered: April 04, 2003Reply With QuoteReport This Post
Repressed
Picture of ShneaSIG
posted Hide Post
quote:
Originally posted by Aeteocles:
quote:
Originally posted by jhe888:
You would easily be able to defend against the claim of a fraudster. However, it could cost you quite a bit to do so.

The insurance may be useful to cover those costs. However, the premium strikes me as high given the very low risk that this happens to you.


I think the quiet title action gets muddier against a bona fide purchaser for value.


A BFP can win out against a party that acquired title but never perfected that title before the BFP perfected title. (i.e., bad boy seller legally owns Blackacre. Seller sells Blackacre, an unimproved parcel of land, to A, hands A a deed, but A gets lazy about recording the deed. Seller then sells Blackacre to B, who runs straight to the Recorder's Office and records his deed. A then gets around to recording his deed. Blackacre is in a "race-notice" state. B perfected title first as per the recording acts, so B is the lawful owner. A is SOL as to title, but can go fight bad boy seller.)

But, even a BFP cannot acquire title from a party that never legally held title in the first place. Hopefully that BFP got title insurance.


-ShneaSIG


Oh, by the way, which one's "Pink?"
 
Posts: 11059 | Location: MO | Registered: November 19, 2003Reply With QuoteReport This Post
Repressed
Picture of ShneaSIG
posted Hide Post
quote:
Originally posted by radioman:
I keep hearing this radio advertisement for a place that's selling some kind of home title theft insurance. The ad talks about some lady whose home was stolen from her when someone else moved the title to their name, and eventually the rightful owner was evicted when the thief sold the title to someone else, who wanted to move into the home they thought they bought.

Is this really possible? Or is it just a scam advertisement to sell some unnecessary insurance?



There are fraudsters and some sovereign citizen types who try this sort of stuff. As with most things that devolve into civil litigation, dealing with them can be expensive. As land records and recording services modernize, hopefully, this sort of stuff will be harder to attempt.


-ShneaSIG


Oh, by the way, which one's "Pink?"
 
Posts: 11059 | Location: MO | Registered: November 19, 2003Reply With QuoteReport This Post
Striker in waiting
Picture of BurtonRW
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Jesus, I can't believe you brought up Blackacre.

Besides, I thought it had burned to the ground around the same time all of the widgets were sold. At least, that's what the t-shirts said after we took the bar.

-Rob




I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888

A=A
 
Posts: 16337 | Location: Maryland, AA Co. | Registered: March 16, 2006Reply With QuoteReport This Post
Repressed
Picture of ShneaSIG
posted Hide Post
quote:
Originally posted by BurtonRW:
Jesus, I can't believe you brought up Blackacre.

Besides, I thought it had burned to the ground around the same time all of the widgets were sold. At least, that's what the t-shirts said after we took the bar.

-Rob


Hey man, I adversely possessed it from JHE, fair and square. All it took was Salma doing some wiggling and jiggling, and JHE never paid me no nevermind while I took over open and notorious possession.


-ShneaSIG


Oh, by the way, which one's "Pink?"
 
Posts: 11059 | Location: MO | Registered: November 19, 2003Reply With QuoteReport This Post
Almost as Fast as a Speeding Bullet
Picture of Otto Pilot
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I really need to take a selfie, because I am absolutely certain I have the same look my wife gets when me and the buddies start talking aerodromes and sky machines. Big Grin


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Posts: 11502 | Location: Denver and/or The World | Registered: August 30, 2004Reply With QuoteReport This Post
chickenshit
Picture of rsbolo
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We are just going to let asshole bees slide off into page 2? No gentlemen! No I say!

Someone give ASG a hurrumpf!

Well done as always Freshmaker!


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Posts: 8000 | Location: East Central FL | Registered: January 05, 2009Reply With QuoteReport This Post
Repressed
Picture of ShneaSIG
posted Hide Post
quote:
Originally posted by Otto Pilot:
I really need to take a selfie, because I am absolutely certain I have the same look my wife gets when me and the buddies start talking aerodromes and sky machines. Big Grin


You should see just how much fun we are at parties.


-ShneaSIG


Oh, by the way, which one's "Pink?"
 
Posts: 11059 | Location: MO | Registered: November 19, 2003Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by Aeteocles:
I have literally seen this scam first hand. The corporation I worked for owned a number of houses as investment properties.

The scammers filed the paperwork to create a fake corporation of the same name.

The corporation then opened escrow to sell the property to another fake corporation in Delaware.

The next step would be then selling to an unsuspecting legitimate buyer.

We caught them accidentally, as we were preparing to sell the house ourselves and pulled the title.

We ended up contacting the financial crimes division of our sheriff's department. We didn't think they would do anything. We also had to lawyer up and spent about $20k in fees to quiet title on the property.

Some weeks later, the escrow company (who had been notified of the scam) let the sheriff's department know that the scammers had come back and were now at the step where they were trying to sell to a legit buyer. The sheriff's department set up a sting, and an officer went undercover as the notary. Arrested two middle eastern guys.

They didn't get much of a sentence, but they were ordered to pay restitution of our attorneys' fees and court costs.


And this is why these types of crimes keep growing in frequency - no real punishment.
 
Posts: 4979 | Location: NH | Registered: April 20, 2010Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
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Wait, wait. Did title vest within 21 years of a life then in being?




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53474 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Needs a check up
from the neck up
Picture of Timdogg6
posted Hide Post
Leave shelly to the side for now.

Yes this happens, I am defending a guy now whose 3 properties were hijacked and around $1,000,000 in loans were taken out against them.

It's a hell of a mess to say the least.


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Posts: 5229 | Location: Boca Raton, FL The Gunshine State | Registered: July 30, 2002Reply With QuoteReport This Post
Res ipsa loquitur
Picture of BB61
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Let's not get into the rule against perpetuities.


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Posts: 12674 | Registered: October 13, 2002Reply With QuoteReport This Post
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