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  • 1.  Seller Fruad

    Posted 05-05-2023 11:00
    Has anyone filed a claim on their E&O insurance regarding seller fraud? And if yes, were you successful getting a settlement or was your claimed denied?
    The reason for my question is that we have been denied by our insurer on a seller fraud claim. The insurance carrier denial is based on their wire fraud exception.


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  • 2.  RE: Seller Fruad

    Posted 05-08-2023 01:43

    I have had a similar experience and had to sue my carrier . Case was settled with carrier paying half of a small settlement . If you are interested to discuss, call me after the 15th of May when I am back in office 786 2582870



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    Abraham Galbut
    Galbut, Walters & Associates
    Miami FL
    +1 (786) 245-2316
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  • 3.  RE: Seller Fruad

    Posted 05-08-2023 08:58

    We have not filed a claim on our E&O. However, I recently went to a title company seminar for agents in NC and SC.  A topic of discussion was various means of seller fraud.  One of the key points was taking extra precautions regarding accepting and disbursing funds from sellers, because E&O insurance carriers will not cover it.  Insurance carriers are using the wire fraud exception as broadly as possible to deny claims.

    A local firm recently lost a significant amount of money because a commercial mortgage payoff was intercepted.  The firm called to verify the information.  There was such a slight change in the information that it was not picked up when it was read aloud.  Unfortunately, fraudsters have gotten very savvy, and agents are sometimes left holding the bag.



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    Lora Leathco
    Paralegal
    Capital City Title Agency, Inc.
    Columbia SC
    +1 (803) 277-4322
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  • 4.  RE: Seller Fruad

    Posted 05-08-2023 09:50
    John:

    I'm not sure what state you are in, but it sounds like this would be covered under a Cyber Insurance Policy, not E&O or malpractice insurance.


    Geil S. Bilu, Esq
    Law Offices of Geil S. Bilu, PA
    Focused Legal Solutions
    7822 NW 44th Street
    Sunrise, FL 33351
    P: (954) 580-2092
    F:(954) 360-3660
    gbilu@focused-legal.com




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  • 5.  RE: Seller Fruad

    Posted 05-08-2023 11:01

    I attempted to file an identity theft protection claim because wiring instructions were compromised, no loss occurred, but was told this type of claim requires a separate and specific rider to your policy for this type of coverage. This then prompted a conversation with the carrier, and I learned a lot from them not the broker that sold me basically an empty policy for this coverage.

    No, that was not disclosed when I bought my cyber coverage, but I did add that rider once I learned of the need.

    I recommend checking your riders to see exactly what you paid for and adjusting accordingly.

     

     

    Have a great day!

    Robin

     

    Please send all new title order requests to orders@eliteclosing.net

     

    Robin L. Myerski,      Title Agent/Owner  

    Elite Closings, LLC      P:724-687-0421x102  

    7031 Crider Road       F:724-687-0432

    Suite 150                       C:724-316-1087

    Mars, PA 16046           www.eliteclosing.net

     

    **WARNING **PLEASE NOTE** ELITE CLOSINGS WILL NEVER ASK YOU TO WIRE FUNDS MORE THAN 24 HOURS PRIOR TO YOUR SCHEDULED CLOSING TIME. PLEASE NOTIFY OUR OFFICE AT 724-687-0421 IF YOU ARE ASKED TO DO THIS. UNDER NO CIRCUMSTANCE SHOULD YOU WIRE FUNDS UNLESS YOU SPEAK TO AN ACTUAL STAFF MEMBER AT THIS PHONE NUMBER WHICH YOU SHOULD VERIFY ON OUR WEBSITE AT WWW.ELITECLOSING.NET ELITE CLOSINGS WILL NOT BE RESPONSIBLE FOR LOST FUNDS SHOULD YOU NOT VERIFY WITH THIS PHONE NUMBER 724-687-0421 IN ADVANCE OF SENDING****

     

    **Be aware!  Online banking fraud is on the rise.  If you receive an email containing WIRE TRANSFER INSTRUCTIONS call our office immediately to verify the information prior to sending funds,

    (724)687-0421**

    SSI Registered Agent Official Seal

     

    WARNING – FRAUDULENT FUNDING INSTRUCTIONS  Email hacking and fraud are on the rise to fraudulently misdirect funds. Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received. We are not responsible for any wires sent by you to an incorrect bank account.

     

     




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  • 6.  RE: Seller Fruad

    Posted 05-09-2023 09:12

    Hi John & all - great discussion and sharing of what everyone is experiencing. CertifID is seeing more cases of seller impersonation attempts as well. We've put together resources on how to verify seller identity (to reduce the fraud risk), and will be discussing in a webinar on May 10 at 11am ET. If you'd like to join, register at - https://www.certifid.com/to-catch-a-fraudster



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    Claudia Lee
    CertifID
    Austin TX
    +1 (616) 202-6612
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  • 7.  RE: Seller Fruad

    Posted 05-11-2023 10:57

    Hi Claudia,

    For those of us who were on Capitol Hill yesterday with ALTA Advocacy, is that webinar recorded and available for viewing?



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    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
    Mobile: (240)994-1697
    Email: nancy@mybhexperience.com
    ------------------------------

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  • 8.  RE: Seller Fruad

    Posted 05-11-2023 11:54

    Sure, here you go. Let us know if this was helpful. Great questions and advice sharing amongst attendees during the session!

    https://www.certifid.com/webinar/to-catch-a-fraudster-seller-impersonation-scams



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    Claudia Lee
    CertifID
    Austin TX
    +1 (616) 202-6612
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  • 9.  RE: Seller Fruad

    Posted 05-23-2023 10:02
    Edited by Mary Enzi 05-23-2023 13:11

    Hi everyone:
    Very interesting topic......

    We deal with foreign sellers in regards to FIRPTA compliance, so a Foreign National was selling "his house" for about $650,000 here in the Houston area, we asked for a U.S. tax ID and he did not have one, no problem, many legitimate foreign sellers don't have a U.S. TIN, so we asked for a copy of his passport to apply for an ITIN and he denied to provide us with a copy, "his passport was expired he said" and he was not interested in recovering the FIRPTA withholding which at that sales price was almost $100,000.00 seriously WHO DOESN'T WANT TO RECOVER $100,000 that's were we got suspicious and informed the Title company,  long story short, he was trying to sell someone else's property, but we all caught him.



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    Mary Enzi
    Tax Solutions – FIRPTA Consulting
    Barker TX
    +1 (281) 578-1040
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