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Seller Fraud

  • 1.  Seller Fraud

    Posted 03-09-2023 09:22
    Edited by Jessica Kopp 03-09-2023 09:26

    Good Morning All,

    Regarding the real estate scam where a fraudster impersonates the real owner of a property and tries to sell property they don't own.

    I know underwriters are suggesting a letter mailed to the tax bill address and that there are a few vendors who offer services to help verify the seller’s identity. I would love to hear what everyone is doing to combat this.

    Thank you!


    ------------------------------
    Jessica Kopp
    Operations and Administration Manager
    Gowey Title
    Medford WI
    +1 (715) 748-7028
    ------------------------------

    ALTA Marketplace


  • 2.  RE: Seller Fraud

    Posted 03-10-2023 10:33

    Hi Jessica,

    We worked with Federal law enforcement to put out an advisory on this type of fraud, which you can get here. It's scary how prevalent it is!

    All the best,



    ------------------------------
    Julia Reyburn
    Director of Customer Operations & Strategy
    CertifID
    Austin TX
    +1 (737) 787-6847
    ------------------------------

    ALTA Marketplace


  • 3.  RE: Seller Fraud

    Posted 03-13-2023 08:05
    Proper notary should prevent this . Check ID unless personally known . But still get a copy of ID . Get it at closing not after ! No promises that they will get it later / forgot it .
    If they have fake license , that’s what title insurance is for . But Mortgage broker , Bank would also due diligence . Actually happened to me once , but was Refinance and was able to solve myself , broker with local law enforcement and no one got hurt .
    Real estate law can be adventure . Many times , it’s not easy .

    Sent from my iPhone

    Mark Ford, Esq.
    Ford and Ford
    807 Turnpike Street
    Suite 201,
    North Andover, MA
    01845
    9788074805


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  • 4.  RE: Seller Fraud

    Posted 03-14-2023 09:02
    You should get an ID even if you do know the person. I knew a person who used a shortened surname because his actual surname was long, foreign, and unpronouncable by most people. I also knew a woman who always used her husband's surname but never legally changed from her maiden name when they got married 20 years previously. I also knew someone who used their Confirmation name instead of their legal name. Another issue is a Sr. Now with the Federal ID requirements the Sr. will not appear on the ID as it is not a part of the legal name unless a Name Change was obtained through the Courts. By using the ID every time you know that you have the legal name correctly. Additionally, you have the Date of Birth in the event you need to eliminate a potential Patriot Act match.

    Kim
     
    Kimberly A. Gilbert-Toelle, Esq.*
    134 Sedona Court
    Martinsburg, WV 25403
    Home: 304-274-6733
    Cell: 301-910-4625
     
    *Admitted in West Virginia, Maryland, and the District of Columbia only
     
    CONFIDENTIALITY NOTICE:  This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Kimberly Gilbert-Toelle, Attorney at Law., its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you.  



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  • 5.  RE: Seller Fraud

    Posted 03-13-2023 09:23
    A similar fraud to be aware of that I have encountered was a fraudster forging a Death Certificate which was then used to open a Probate and sell the property as Administrator of the Estate. We were able to catch the fraudsters prior to closing once I determined that the Death Certificate was forged. An FBI sting caught those perpetrators red-handed that time but I was told that they had perpetrated the same fraud a number of times before. You should check with your jurisdiction to confirm that they require a raised seal Death Certificate for filing, not just a copy. Requiring a copy yourself and knowing the details in your jurisdiction can also help.

    Kim
     
    Kimberly A. Gilbert-Toelle, Esq.*
    134 Sedona Court
    Martinsburg, WV 25403
    Home: 304-274-6733
    Cell: 301-910-4625
     
    *Admitted in West Virginia, Maryland, and the District of Columbia only
     
    CONFIDENTIALITY NOTICE:  This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Kimberly Gilbert-Toelle, Attorney at Law., its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you.  



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  • 6.  RE: Seller Fraud

    Posted 03-13-2023 09:34
    Boy, that last comment was a lot to digest! I'm flooded with closings right now and still think you are covered by copying Drivers License, proper notarization of necessary docs. Fraud is covered by policy. I think you have done your Due Diligence by getting license and confirming indendity, proper notarization.

    Sent from my iPhone

    Mark Ford, Esq.
    Ford and Ford
    807 Turnpike Street
    Suite 201,
    North Andover, MA
    01845
    9788074805


    ALTA Marketplace


  • 7.  RE: Seller Fraud

    Posted 03-13-2023 09:39
    In Mass, title search would include a thorough search of probate records if not a joint owner. If a joint owner, seal is necessary for recording of docs as you know. Accuracy is more important than time in closings, so review everything closely.
    I'm flooded with closings! Thank God!

    Sent from my iPhone

    Mark Ford, Esq.
    Ford and Ford
    807 Turnpike Street
    Suite 201,
    North Andover, MA
    01845
    9788074805


    ALTA Marketplace


  • 8.  RE: Seller Fraud

    Posted 03-13-2023 10:05
    We posted this article on our public facing website:


    And I was involved in a 15 minute Q&A with our Wisconsin State Bar: 


    Cheri Hipenbecker, General Counsel

    Knight Barry Title Group

    201 E. Pittsburgh Ave., Suite 200, Milwaukee, WI 53204

    Phone: (414) 727-4545 X74033 | Direct Dial: (414) 847-4033

    Cell: (262) 939-1393

    cah@knightbarry.com | www.knightbarry.com

    ***Please note that I am out of the office on Mondays




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  • 9.  RE: Seller Fraud

    Posted 03-13-2023 10:51
    Massachusetts doesn't allow virtual closings and usually the Seller attorney shows up with deed, ID of seller and POA. I guess this could create questions if said Attorney didn't not arise. That would be a bit of red flag. In that case, I’d check the notary credentials with whatever state and make sure it is properly notsrized. Knowing attorney is always a blessing! I'm flooded with closings, anyone else?

    Sent from my iPhone

    Mark Ford, Esq.
    Ford and Ford
    807 Turnpike Street
    Suite 201,
    North Andover, MA
    01845
    9788074805


    ALTA Marketplace


  • 10.  RE: Seller Fraud

    Posted 03-13-2023 15:04

    Cheri, what a great video. I'm going to share it on the PAHomeTitleLock.com website blog late next week. Thanks for sharing!



    ------------------------------
    Cheryl Evans
    Carnanco
    Marketing, Technology & Operations Consultant to the Title Industry
    cheryl.evans@carnanco.info
    Hire Me! www.carnanco.info
    Free Content: www.cheryl.wTf
    Online Community https://community.wickedtitleforum.com/
    ------------------------------

    ALTA Marketplace


  • 11.  RE: Seller Fraud

    Posted 03-13-2023 17:25
    Awesome video! I'm going to post mine on REBA.

    Sent from my iPhone

    Mark Ford, Esq.
    Ford and Ford
    807 Turnpike Street
    Suite 201,
    North Andover, MA
    01845
    9788074805


    ALTA Marketplace


  • 12.  RE: Seller Fraud

    Posted 03-13-2023 08:52
    Edited by Thomas Cronkright 03-13-2023 08:53

    Hello Jessica, 

    Unfortunately this is yet another fraud vector the title and settlement industries will need to manage.  The access to property ownership records and open source information on individual identities makes seller impersonation scams an easy and lucrative target.  While no one can prevent these scams from taking place, we can, as an industry, prevent the fraud from materializing into a full closing where buyer and title company funds are stolen.  Here's how we think about mitigating this risk:

    1. Education - internal and external regarding the threat and what to watch out for - internet lead, lack of face to face interaction, "absentee" seller, below market list price etc.  
    2. Confirm identity - if the transaction is being referred from a real estate professional, confirm that they have met with the client face-to-face or at least have engaged in a video-style chat where the seller's identity has been confirmed.  If it is coming in as a FSBO seller, conduct due diligence online and ask for a face-to-face meeting or video conference to confirm identity.
    3. Understand the "why" - make sure the story you are being told makes sense.  Why is the seller engaging in a sale?  Does it make sense give the neighborhood, business district, buy-sell terms etc.  If it does not feel right, tap the brakes.
    4. Ask for bank credentials up front - assume the seller will be receiving a wire transfer and obtain the bank credentials up front via an electronic wire transfer verification platform or a signed and notarized Disbursement Authorization Form.  Having the seller go through a third party identity verification process early in the transaction (when I say early, we do this at our title agency at the time of title commitment delivery for all out of state sellers),  will provide an important marker early in the transaction.  If it is a fraudster, you will likely identify that at this phase.
    5. Control the closing process - if the seller is not able to close in person, you must hire the notary and share with the notary the documentation you obtained up front to confirm the identity of the person showing up as the "seller" to the notary syncs with your documentation.  NEVER accept signed and notarized documents from a notary that is not trusted.  Our title agency uses a national notary service such as Signature Closings but there are others.  Also conduct a gut check of where the seller is asking to meet the remote notary and attempt to tie that to another address in the seller's name in that location.  For example, I'm in MI and there are "snowbirds" that spend winters in FL and AZ.  If a seller is asking for a closing in one of those states, we would ask for an address in those states to verify property ownership.  Out of country notary requests should be a huge red flag as should any power of attorney being asked to close outside of the state and on a remote notary basis. 
    6. Confirm signatures and identity documentation before disbursement - after the closing (in person or via a notary) conduct a review of all documents and signatures and compare those to the signature on the purchase agreement, disbursement authorization form etc.
    7. If it's too good to be true, it likely is - this is the soft tissue side of risk management.  Empower your teams to raise their hands if something just seems too good.

    Candidly, we spend quite a bit of time vetting files where the seller has not met anyone in person at the start of the transaction.  We dig in hard at the time of title commitment delivery to verify identity.  If we are not comfortable, we hit the brakes and bring the referral partner into the discussion and work through our concerns.  We have turned transactions away in our agency when it did not feel right and the referral partner failed to engage at the level we requested.

    We are also vetting a full RON solution for all out of state or "absentee" sellers.  We also use CertifID to verify the ID of sellers at the start of the transaction.  If we are not comfortable with a wire, we fire up the check printer and go old school...

    Aligning people, process, technology and culture is tough, but it seems to work at scale. 



    ------------------------------
    Thomas Cronkright Esq.
    Executive Chairman
    Sun Title Agency of Michigan, LLC
    Grand Rapids MI
    +1 (616) 317-4221
    ------------------------------

    ALTA Marketplace


  • 13.  RE: Seller Fraud

    Posted 03-13-2023 14:47

    Excellent topic Jessica.

    Everyone has provided a lot of really great information already. But if you'd like to learn more about Title and Deed Fraud and what you and your customers can do to prevent it, I'd highly recommend the website www.PAHomeTitleLock.com

    It's full of information about fraud schemes, and preventative measures. This site has been sponsored and created by the Wicked Title Forum as an educational resource for title agents, real estate agents and consumers. I hope you find it helpful!



    ------------------------------
    Cheryl Evans
    Carnanco
    Marketing, Technology & Operations Consultant to the Title Industry
    cheryl.evans@carnanco.info
    Hire Me! www.carnanco.info
    Free Content: www.cheryl.wTf
    Online Community https://community.wickedtitleforum.com/
    ------------------------------

    ALTA Marketplace


  • 14.  RE: Seller Fraud

    Posted 03-13-2023 14:49

    Hi Julia, that's a great advisory form. I've added a link to it as a blog post on www.PAHomeTitleLock.com



    ------------------------------
    Cheryl Evans
    Carnanco
    Marketing, Technology & Operations Consultant to the Title Industry
    cheryl.evans@carnanco.info
    Hire Me! www.carnanco.info
    Free Content: www.cheryl.wTf
    Online Community https://community.wickedtitleforum.com/
    ------------------------------

    ALTA Marketplace


  • 15.  RE: Seller Fraud

    Posted 03-14-2023 10:46

    We just had one of these in our office and the imposter had stolen the actual owner's full identity - she provided a photo ID, with one of the actual owner's addresses, as well as the correct SSN and DOB for the actual owner.  It was really only a simple comment by the listing agent that alerted our processor who then went looking online to confirm seller identity.  Finding a different phone number, our processor called it and connected with the actual owner.  But for that comment, we probably would not have caught it.



    ------------------------------
    Creating a better business experience while turning revenues into profits

    Nancy L. Gusman, Esq.                      
    Brick House Consulting Services, LLC                      
    GusmanLegal, LLC                                         
    Past President, Maryland Land Title Association                                                           
    Certified Land Title Professional (CLTP)                                
    National Title Professional (NTP)                                                           
    11720 Beltsville Drive
    Suite 500
    Beltsville, MD 20705
    Phone: (301)563-9669                                                 
    Fax: (240)559-1430
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