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A home built on her property and she was later sued for it

A LANDOWNER said a home worth $500,000 was unexpectedly built on her property and she was later sued for it.
property

Date: 03/29/2024 – By Elizabeta Ranzburgaj, The U.S. Sun

PARADISE PARK, Hi. — (U.S. Sun) – Annaleine “Anne” Reynolds said she had purchased a plot in Paradise Park, Hawaii but received an unexpected call from a realtor years later.

 

Reynolds said she had purchased the land, for around $22,000 in a county sale, to host meditative women’s retreats.

“There’s a sacredness to it and the one that I chose to buy had all the right qualities,” she said.

The call from the realtor revealed that a property had been constructed on her land without her permission, according to Hawaii News Now.

A construction company, called PJ’s Contruction, had built the home on the wrong lot.

She explained that she had been in California through the pandemic and was not aware of the situation until she was called by the realtor.

“And then he informed me, ‘oh well, I just sold the house, and it happens to be on your property,’” she recalled.

“So we need to resolve this. 

“And I’m like, what? Are you kidding me?”

A dispute between Reynolds, the construction company, and the developer arose.

The developer Keaau Development Partnership, LLC had sued Reynolds, the construction company, the architect, and the county.

“It’s awful. It’s awful,” Reynolds said.

The developer had reportedly attempted to settle the problem.

Reynolds was offered the empty plot of land next to hers or buy the $500,000 three-bedroom, two-bathroom property at a discounted price.

How a Moat Title Security Can Help?

This article details some common themes in title fraud including targeting properties that have no liens or mortgages.  The fraudulent activity is often the same, forge and record a deed into the criminal’s name (or an identity that the criminal has previously stolen) and either mortgage or resell the property.  In this case, the fraudster listed and sold the properties at below market prices.  Interestingly, the authorities suggested periodically checking your property in the public records to affirm that the property is in your name, much like checking your credit.  
 
So, what would a Moat Title Security Co. Notice of Title Freeze (NOTF) do in this situation?  If a NOTF was placed in the public records for each of the properties that were attacked in this article, a) the fraudster, in his search for properties without existing liens and mortgages, and upon seeing the NOTF in the records, would likely have been deterred from making the attack in the first place and would have simply targeted another property without a NOTF, and b) if the fraudster attacked the properties with a NOTF in the public records the legitimate owners would be in a much stronger position to more quickly and with less cost repair and restore their title in a Quiet Title action given the NOTF was not released of record prior to recording the fraudulent deed.  Finally, it is likely that the closings of the resales would have failed as well as the title company conducting the closing would have searched and reviewed the title chain leading up to the fraudulent resale and discovered the recorded NOTF had not been properly released by the prior (legitimate) owner.
 
A NOTF is similar to a credit freeze at the credit agencies – it is designed to freeze a property title from all future recordings without the owners express and recorded consent which is described in the NOTF and performed by the owner as a Title Unfreeze and Release to allow legitimate business transactions to occur.  Much like unfreezing your credit if you are in need of a new credit card or loan.
 
Learn more about title fraud and Moat Title Security Co’s Notice of Title Freeze at moattitlesecurity.com and follow Moat Title Security Co. on Facebook.

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