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CHARLENE PERRY's Blog

LET'S PLAY TITLE FRAUD
by CHARLENE PERRY | 2010/07/07 |

Seriously, why do people think that everyone is crooked and willing to participate in their schemes??

CHARLENE PERRY's Blog ::

I have been working with a realtor for 4 months now on a short sale transaction that finally got lenders (2) approval in the middle of June.  Upon hearing  from the lenders that the transaction was approved the Listing agent Realtor called me to schedule the closing and advised that the seller would be calling me later that day. I did in fact receive a call from the seller that day and was absolutely STUNNED to hear what they had to say.  

The property that was encumbered by the mortgage contained about an acre and a half of land and had a house on it.  The seller called to tell me that it was their desire to "sell" only half of the property to the buyer (the half containing the house); pay the lenders off and then went on to say that they were going to sell the other half of the property to another person.  I advised them that I could not be a party to this transaction as they were attempting to defraud their lenders who had FINALLY approved the short sale transaction.

Their realtor called me later that day to ask why I had a problem with this transaction structure!  SERIOUSLY.  What was not clear to this realtor? The lenders had used the ENTIRE property as collateral for their loans and as such expected that the seller would not attempt to split the property in two, sell one half of it to get the lenders off of their back and then sell the other half, which would then be unencumbered by any mortgages to another?!! After some discussion I was advised that the realtor was going to see if they could find a title agent who would handle this transaction.  Some time later the next day the Realtor called to advise that they were able to find a title agent to handle the matter and asked that I sell my work to the title agent that was going to handle the matter.  And that's what I did. 

I received a check in the mail today from the title agent who handled the transaction and can only assume from the delivery of the check that the matter had been closed in accordance with the seller's plan.  I am almost tempted at this point to contact the lenders to make them aware of this fraud. 

This is an absolute case in which there is no question that the selller,  the buyer, the realtors and the title agent knew what the seller was trying to do and not only did they encourage it, they actually found the resources on behalf of the seller in order to make this transaction work. 

It has never been my practice to participate in any transaction in which I did not have a "warm and fuzzy feeling" about the entire transaction. I have always relied upon "gut" feelings and so far as I know have never knowingly been involved in a transaction in which one of the parties was attempting to commit a fraud.  Not that we independent title agents can afford to turn away business these days, but this was a deal that I could not get off of my desk fast enough!! Use your intuition. If it doesn't feel right DON'T DO IT!!  Integrity is not something that you can get back easily once lost.  

 

I might just periodically check on this property to see what, if anything, ever comes to light about the way in which this was handled. 




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801 words | 2303 views | 8 comments | log in or register to post a comment


Lets Play Title Fraud

Charlene,

I really think you should report this to the lender, including all the names of the parties and companies involved.

If it were me thats what I would do, I couldn't live with myself knowing that a criminal action, even though I was not involved with it, occured and that I had knowledge of it and didn't do anything about it.

I guess the point is that these people will do it again and again and again until someone turns them in, it is so unethical, and once you have done something like that its justified to do it again and again. Not to mention that the buyer may be getting duped and told that the transaction is legal.

Thats my 2 cents for what its worth.

 
by Jessica Talley | 2010/07/08 | log in or register to post a reply

I know.....

I am seriously considering reporting it.  I am actually going to consult with my attormey later this afternoon about this.

 

Thanks, Jessica. It's always good to hear from you.

 
by CHARLENE PERRY | 2010/07/08 | log in or register to post a reply

thats a great idea

Hi,

Speaking to your attorney is a great idea!

 

 
by Jessica Talley | 2010/07/08 | log in or register to post a reply

Quick update

I did speak to counsel and have been advised that I have NO duty to disclose.  I did not participate in a fraud, I have no documentation to prove a fraud and I am under no duty to investigate further. 

This was really bothering me and I appreciate each of you taking the time to respond to my query. I love SOT for this reason.  What a great place to get differing opinions and insights.

 

 
by CHARLENE PERRY | 2010/07/09 | log in or register to post a reply

you can rest easy now

Thats great that you got legal advice, you can rest easy now.

 
by Jessica Talley | 2010/07/09 | log in or register to post a reply

Thank you

Jessica I appreciate your input.  Have a great weekend. I know I will have a more restful one now.

 
by CHARLENE PERRY | 2010/07/09 | log in or register to post a reply

Right is wrong

It may be ok to refuse a transaction because you don't have a warm and fuzzy feeling, but as  escrow agent you may not have been right in  closing that transaction with out the express permission of all parties in  writing, for your file. The fact that you sold your "work" on  that transction and may not have properly disclosed the problem to all principals may retain your liability.

I believe, you should have put a hold on  that file and required written instructions from all parties, buyer, seller, lenders and yes the realtors, as well prior to closing it, an escrow agent is responsible to all parties in  a transaction, I don't see you escaping the cost of defending you actions should a law suit be realized. An escrow agent may have a reponsibilty to adhere to the obvious intend of a transction and disclose abstraction of it to the offended party. If I am wrong, let me know.

 
by Matthew Sharpe | 2010/07/19 | log in or register to post a reply

I see your point but...

After talking with private counsel on this issue I have been advised that because I have no information in writing I have no liability.

I did not close the transaction and I have no knowledge of what may have transpired after the fact.  I am under no duty to investigate.  I am relying on the information provided by counsel in this case. Hopefully, I won't ever have to put that to a test :)

Thank you so much for your input.  I appreciate you taking the time to read my rants and ravings. Have a great week!!

 
by CHARLENE PERRY | 2010/07/19 | log in or register to post a reply
CHARLENE PERRY's Blog

 

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