Toxic Titles | Property Owners Need Protection from Scammers (NOT BANKS)

The article below is about an individual filing “false” notarized forms within the county clerk’s offices across Florida, clouding the property’s titles and costing homeowners thousands of dollars to clear them up.

But, what happens when we change his name to the word Bank?

Let’s give it a try…

Changes are in bold and italicized.

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Property owners need protection from scammers

It is now easier in Florida to lay claim to someone’s house than to get a driver’s license, apparently. All scammers need to do is file a notarized form with the county clerk’s office and pay a fee to have a deed recorded, clouding the property’s title, often without the legal owner even being aware. Exactly why The Bank has perpetrated this scheme hundreds of times across Florida is unclear. But in their wake are victimized homeowners who could be forced to pay thousands of dollars to reclaim a clear title. Florida’s Legislature needs to close this unintentional loophole to protect property owners.

The Bank says government’s laws don’t apply to them. Their other scams seem more clear-cut. They allegedly have made a tidy sum misleading homeowners facing foreclosure by claiming he could save their homes by transferring them into a “modification agreementThe Bank would collect a fee and the homes would be foreclosed anyway. But the goal of their most recently discovered activities — filing deeds on homes they have no ties to — is less clear.

As reported by St. Petersburg Times staff writers Alexandra Zayas and John Martin, The Bank has filed “wild deeds” claiming ownership in at least 21 of the state’s 67 counties, including about 40 homes in Pinellas and more than 150 in Hillsborough. In the summer of 2010, The Bank filed more than 100 of these deeds in Osceola County. Even though their actions are clearly fraudulent, state law requires the state’s court clerk offices to record The Bank’s deeds if they are notarized and the fee is paid. Meanwhile, the real property owner is left in the dark.

The Bank’s activities have rightly drawn the attention of various law enforcement agencies. But in addition to prosecutors pursuing charges, the Florida Legislature will need to consider a legal fix to prohibit future scammers — ideally one that will hold innocent homeowners harmless.

One idea, supported by Pinellas County Clerk of Circuit Court Ken Burke, is to require notification to owners of record whenever a new deed is recorded that affects their ownership interest. At least this would help homeowners learn early that there is a cloud over their title.

But lawmakers will still need to figure out a better remedy than current law, which would require each rightful owner to file a “quiet title action” in order to regain clear title — a process that can cost $1,000 or more in attorney fees and costs. Manatee County Clerk o f Circuit Court R.B. “Chips” Shore suggests a judicial remedy should be made available where all of The Bank’s fraudulent recordings are searched out and reversed at once.

Shore also recommends the Legislature consider giving court clerks the authority to refer suspicious filings to law enforcement. Right now, they are limited to a ministerial role.

Until there is a legislative remedy, however, the best way for Florida property owners to not to be blindsided by The Bank and those like them is to check their land records annually, much like consumers can check their credit history. The records are available online, typically from court clerks offices under “official records.”

The Bank has exposed a system that never anticipated such a consummate liar. Now it’s the job of state lawmakers to patch those holes to protect honest property owners everywhere.

Original article here…

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4closureFraud.org

Comments
26 Responses to “Toxic Titles | Property Owners Need Protection from Scammers (NOT BANKS)”
  1. marilyn lane says:

    Fury – Where are you?

    Do you know the name of the NYC registrar of Deeds?

    Thanks if you can help me or lead me to someone who would know and would tell.

  2. I vent..I may be wrong on this….so don’t hold me to it…but in your comment you listed where the same person was a notary for a bank, the State, closer, escrowee, etc…Yes, you see fraud…but you have to prove the fraud…..that may be hard to prove…like can a notary sign for a bank and for the State…if it is allowed in that state…this I don’t have a clue…a closer at title co. may be the escrowee that see’s the money disbursed to proper people…..again I don’t know what the practice is…so to be called fraud you have to prove it is fraud….not what you have in your hand proves it……all fraud has to be proven to the court…. not just shown on the documents….that is what I understand…and that is why you have been told by others fraud is very hard to prove….. that may be why judges tell people to get an attorney….they may be claiming fraud but not proving it.

    • lvent says:

      Marilyn, according to the American Association of Notaries, Prohibited acts: A notary may not::
      Acknowledge any instrument in which the notary’s name appears as a party to the transaction.
      Change anything in a written instrument after it has been signed by anyone.
      Use facsimile signature stamps in signing his or her official certificates,
      Criminal violations:
      Notaries public who commit official misconduct may be subject to criminal liability which may include the revocation of their notary public commission..
      I sent Chicago Title and Trust and e-mail asking them where I could reach her.No response as of yet…..She has had her name all over my docs since the day we closed….
      Someone altered docs after the signing and I want to know who it was…. She states in my original closing docs that she is an escrowee for Chicago Title and Trust at the Origination…in the HUD 1 settlement statement. I believe the escrowee reviews the closing docs…She was not at the closing yet I have her “stamp” on the notary page, attached to the mortgage and on the signature affadavit that we never signed…I have the copy in blank….I would like to have an affadavit dropped on her…
      In my refi she says she is a notary for the bank….She can’t legally be both…I can’t seem to find her on the internet, at all….hmmmmm…the plot thickens……Somebodies lying….BIG TIME….

      • lvent says:

        BTW, Marilyn, I have been doing some homework and I believe I have to file a counter complaint in order for the Judge to look at the altered documents which is considered Forgery in the State of Illinois………….Under Illinois Law, (720 ILCS 5/17-3) Forgery is considered a class 3 felony punishable by 3-7 years in prison..

      • I vent…In your complaint you plan to file…list any laws you find pretaining to what your complaint is for….that may be a good backup….and it may prove fraud…again I am stabbing in the dark… I would subpoena the title co…..for complete set of closing documents….and maybe ask if that person is still employed at that title co….did you get a title insurance policy from that title co ? I would have your husband call and ask to speak to her…..and see what is said….it seems the title co would be responsible for what an employee did while employeed there…if she is gone. Just keep digging and making notes on this….you paid this title co…to close..so it seems they would have to back up the complaints……what a mess………..

      • I vent…Maybe she married and changed last name…..just an idea……

      • marilyn lane says:

        I vent
        I took this off the Internet on Illinois forgery law

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        Browse: Unanswered questions | Most-recent questions | Reference library What is the Illinois criminal law for forgery?Improve
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        AdsAnswers.com > Wiki Answers > Categories > Law & Legal Issues > Criminal Law > What is the Illinois criminal law for forgery? Answer: Improve

        Forgery is an interesting charge in Illinois. Most people think one has to create a document that purports to be something it is not. There are many things beyond that: Sec. 17‑3. Forgery.
        (a) A person commits forgery when, with intent to defraud, he knowingly:
        (1) makes or alters any document apparently capable

        of defrauding another in such manner that it purports to have been made by another or at another time, or with different provisions, or by authority of one who did not give such authority; or
        (2) issues or delivers such document knowing it to

        have been thus made or altered; or
        (3) possesses, with intent to issue or deliver, any

        such document knowing it to have been thus made or altered; or
        (4) unlawfully uses the digital signature, as

        defined in the Financial Institutions Electronic Documents and Digital Signature Act, of another; or
        (5) unlawfully uses the signature device of another

        It is a Class 3 Felony with a possible penalty of up to 5 years in prison. Please see related links below

        Read more: http://wiki.answers.com/Q/What_is_the_Illinois_criminal_law_for_forgery#ixzz1ahxO6CWS

      • marilyn lane says:

        I vent

        Hasn’t Chicago Title been bought by Fidelity National Title? I think so.( I had Chicago Title )

        If you up against Fidelity National Title your up against the biggest fraudsters.
        The truth becomes lies with them and their lies become the ” Truth.?”

        I wrote to Wm P Foley CEO of Fidelity “why does your NY attorney Frank P Malone find himself fighting for a forged deed?”

        And Fidelity’s answer to me was “it is proper…”

        Fidelity and its Lenders Processing Service and Docx are at the heart of all the fraudulent documents and fraudclosures.

  3. marilyn lane says:

    @Marilyn A

    That is exactly what I think. The Land Registrars had no idea what fraudulent documents were being recorded.

    A few years back it was a reporter from I think the NY Daily News that falsely registered the deed to the Empire State Building to show how easy it was to commit the crime. And NY started to look at their Land Records.

    All I know that the NY Dept of Finance did was start a system to inform the owners when deeds, mortgages etc are now recorded. Nothing that I know was done to correct all the past fraud.

    You know how we all know Obrians name of Masachusetts , I have been trying to find the NYC Registrar of Land Records name to no avail. Does anyone know his or her name or how to find it. Thanks.

  4. I vent…more on the Notes….The lawyers for the ‘ bank ‘…sent the first filing of the foreclosure summons…it had very little in it..their bullshit introduction took up most of the summons….included was a copy of the Note ( the one I say is WAMU’s) and copy of recorded mortgage…..that is it. At the hearing…the judge told the plaintiff they needed more proof as nothing was filed…so they re-summitted 2 weeks later…everything the same…so I looked at each page in both filings…to compare…and when I got to the Note …on first filing the note showed the signature but a big ‘ X ‘ covered the bottom of the page under the signature…the second set the note had no ‘ X’…but had an endorsement stamped..Pay to the order of…………WITHOUT RECOURSE…….Washington Mutual FA and a signature…..another thing I noticed was the first Note had 2 dark round holes at the top as if it were a copy from a binder folder….the second noye did not have the 2 dark holes..it appeared to be a copy off the computer…..But the endorsement without recourse was there…this we were told was tampering with evidence….but none of these copies of the note and mortgage were what my daughter got at closing….the figure was right….but why 2 different format used….and why didn’t the first filing have the endorsed note? I understand this endorsement without recourse on the Note …is what you want…in court. Now this is hearsay…. NOT WITH RECOURSE…BUT YOU WANT AND NEED THE ENDORSEMENT TO SAY WITHOUT RECO– USE……….

  5. marilyn lane says:

    NY Dept of Finance and their land records being so inaccurate
    and after many attempts
    the Registrar and his staff are intentionally blind to the massive fraud

    WHY are they being so blind.?.

    • MARILYN l….MAYBE THEY DON’T WANT TO WORK…..LIKE LET’S PRETEND WE NO SEE IT……

      • marilyn lane says:

        @Marilyn A and Housemanrob

        I don’t think it is laziness that is causing the problem

        Now that we all know how corrupt Fidelity National Title ,Lender Processing Service
        and all the fraudulent documents transfering titles is running rampant
        I think the Land Registrars unknowing were trapped into the fraud and to attempt to undo the massive fraud registry, will make the Registrars and their staffs admit that they were conned

        And I quess they don’t want to look like a bunch of smucks..

      • Marilyn L….It is not laziness that I was referring to….like ..um….somewhat deeper…..like.. see no evil, hear no evil;…do for evil…..Land Registrars may not have known of what was lurking in the recordings until it all exploded….just as homeowners did not know or see red flags…we all trusted what was being done….we even trusted our government…we all learned a hugh lesson….but I am not saying the Registrars now can just shut a blind eye…fraud is in the recordings and this cannot be left undone. They are trying to walk away from a legal issue that has to be resolved one way or another….Registrars were not the only ones conned…we all were conned….plus we were all robbed…..fraud is everwhere….a cancer that was injected by the eveil bastards.

    • housemanrob says:

      Marilyn, they are not blind, just slaves told how to do the job…..to their specs….or lose their job…….we are gradually becoming slaves…….we probably will need our guns……..sincerely……..freedom is PROTECTED BY THE SHEDDING OF BLOOD!

  6. marilyn lane says:

    Even after Astoria Federal S & L admitted they didn’t own my two New York City condos
    when their corrupt attorneys MJRF auctioned them off and it is Indemnify, Indemnify Indemnify,
    I am confronted by corrupt Frank P Malone of Fidelity National Title and corrupt David K Fiveson
    of Coronet Title paying a bribe to Judge Alice Schlesinger to let the Title Company clients stay
    in my properties with their forged deeds.

    Fraud Fraud Fraud

  7. mslove43 says:

    THIS IS SO REAL!!!! FRAUD +FRAUD=FRAUD my title has that forged loan in 2004, states that they were
    the owner Since 1999. Using a Mortgagor Affidavit from another company that has claim the title 1999.
    And they Record at the courts, because they dont have the proper chain of title they change record in
    my file to cover there track, but for got to read the fine print,. DUMB MOVECHECKMATE, I report to Court
    Supervisor, FBI and the AG> ( If you got to steal, steal the whole P.I.E not a piece!!!!
    I am 100 0/0 owner by way of Order of Summary Adm. and in the mortgage affadavit state there was
    no outstanding balance, the bastard took the Equity out and suck me the loan. I am now counter suit
    company and there are more to sue. Gov need to get off the asstericks and wake up and stop talking in circle!!!
    Need legal representation florida homeowner attorney bailout, oh my to much fraud in one case
    please send email mslove43@hotmail, Lw of MC watsonDeutsche Bank/Ameriquest/Amc/Citi REs/Ahmsi etc!!!

  8. There is a private remedy in tort known as a slander or defamation of title. There may also be a basis for seeking damages for slander of credit by removing an asset from the homeowner’s balance sheet. Where one lender has filed, for example, 100 or more false deeds in the same county, there would appear to be a basis for a class action.
    If debtors continually fail to seize their rights by exercising them, as the current situation demonstrates, others, including the judicial system, will soon fail to recognize them.

  9. lvent says:

    I want an investigation into who altered all of our mortgage documents after the closing….It is whoever records the docs…I believe the title and trust companies are who is toxic…..aiding and abetting bankster fraud…who is it that is SUPPOSED TO DELIVER THE LOAN FILE AND THE ENDORSED NOTE TO THE TRUST? I have an employee from Chicago Title and Trust who is an escrowee, a closer, a notary for the bank and a notary for the state…..OH HELL NO! THAT IS A LOAD OF CRAP…FRAUD…IN PLAIN SIGHT…WAKE UP AMERICA…

    • I vent….This may be in line with what you are saying about Title Co’s. In my daughters case…she never received all the papers at closing…also none of her paper are signed….so fast forward…When I was looking over what papers she had I had her call the Title Co for a complete set of papers signed. Her request was denied..A few weeks later…..I than called the title co. using the mortgage number and no one asked for my name…. and asked for the same documents and the woman had some problem on the computer so she had someone call me. The return call told me I also could not have copies..I had to subpeona them to get the copies. I did not tell the title co. that one of the papers we had was a cover sheet to the County Recorder… requesting the attached mortgage to be recorded…BUT…at the top was WAMU’s address to return the recorded mortgage…that was crossed out and hand printed below it was : RETURN THE RECORDED MORTGAGE TO THE ________ TITLE CO…..NOT TO THE BANK LISTED…..AND THE ADDRESS OF THE TITLE CO. I was told the privacy act prevented them from sending anything…..But I know the bank did not get the recorded mortgage….also in the closing papers was 2 pages telling of the excrow account set up in the Title Co’s name….this mortgage was a re-fi ….so there was no seller involved. Who had the Note..the bank or the title co. is unknown to us..but I would say the bank had the Note to ‘ deposit it ‘ to be paid in full for the amount on the Note…the part I find tricky..is what money would have gone into this escrow account that the title co. claims they have set up in their name…or was this a ‘ front ‘ to throw the homeowner off the track……I also believe the title co. was in on the fraud….at closing was the broker, the ‘ bank ‘ and title co…..The Title Co is still in business…the bank and the Mortgage co (broker) are out of business now.

    • I vent….No really sure at this point….but I was told by an attorney ( over the phone) that what I explained to him…was the title co. KNOWS who and where they sent that recorded mortgage. He said to ask for that in the subpoena…..also he said if one than one was involved in the fraud..that would fall under Criminal Intent….yet others said it would not go that far…Who to believe…is the question. I had an idea today…it seems I need to pull the copy of the Note given to my daughter at closing. At closing the unsigned documents she got were the actual copies of the title co…and the Note was stamped by the title co…that ” this is an actual copy on the Note ” and it is signed by someone at title co. ( nothing was ever notarized on any of these documents ) …Now if I remember correctly…the copy of the Note in the foreclosure summons was not that copy from the title co…I believe it was a Note from WAMU…complete different format…..and signed by my (ex) son -in-law. I will check on this tonight….but what and why would the title co and the bank have 2 different looking notes? Now you got me going again….This is what I have gone on all along…that fraud was done at the closing….my daughter said they signed many stacks of papers…I was not at the closing but had signed ONLY the mortgage paper….one copy..a few days earlier because I had to stay at the home and watch Chazie ( autistic) who we thought would interrupt the signing session. I trusted the title co…I had used them 3 times before…and I soon learned NOT to trust…period. I will tell you what I find in the Notes tonight…but as it stands right now there is 2 different looking Notes. In Florida the Notes are not recorded.

    • housemanrob says:

      They are awake Vent….and others are awakening……..but the deck….at this time……is stacked in their favor!

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