Date: 01/16/2024 – By Ciara Cummings, Atlanta News First
ATLANTA, Ga. — (Atlanta News First) – Metro Atlanta families are coming home to notices saying their homes are no longer theirs, and arguing their properties were wrongfully sold without their knowledge.
“People have a lot of stuff getting thrown at them every day: how to get to work, how to get my kids feds or get them lunch,” said Rick Alembik, a veteran attorney specializing in cases of deed theft, wrongful foreclosure sales and fraudulent loans, all ingredients for real estate fraud. “There’s so much coming at people these days, life is so complicated.
“If it happens to you, it’s a life-altering event,” he said.
Eric Clark experienced that life-altering event. His story that appeared on Atlanta News First Investigates last fall resonated with dozens of families who said they’re in similar circumstances.
Clark received a notice on his front door that said his Ellenwood home had been sold at a foreclosure auction. In a police report, he claimed someone took out a fraudulent second loan on his home and forged his signature. Clark never paid the loan because he says he didn’t know about it.
He also is accusing fraudsters of filing fake deeds on his property.
According to county clerks, deed thefts are common. Current Georgia law allows property paperwork to be filed in clerks’ offices without proof of identification.
“It’s harder to cash a $5 check at a bank than it is to record a deed that could steal the title to someone’s home that they’ve worked for decades to build up equity in,” Alembik said, pointing to little government oversight in real estate transactions across Georgia, starting with the foreclosure auction process.
Atlanta News First Investigates attended a Dekalb County foreclosure auction. Although the auction took place on the front steps of the county courthouse, the bidding process isn’t run by the government or any state official, but a private company called Auction.com. Anyone can be a bidder.
“They just have to tender funds in full,” an Auction.com staffer said. “They have to have the money on them to buy the house today,” and it can be in the form of cash or a cashier’s check.
The private company runs auctions across Georgia. Depending on the day, they’re only in certain ones. For instance, “the first Tuesday of the month, we may be in 90 [counties],” the worker said.
Onsite staff have no role in investigating whether a home should or shouldn’t be on the foreclosure auction. They only know what the bank tells their company.
In Georgia, if a homeowner repeatedly doesn’t pay their mortgage loan, the loan will default and its debt will rise. If the homeowner and bank don’t agree on a repayment plan, the bank informs the foreclosure agency to put the property up for auction.
At the auction Atlanta News First Investigates attended, 10 homes were on the list.
But in the months before, several metro Atlanta homeowners tell us their homes were wrongfully on a list for foreclosure:
- Stacy: “I lived in my home for 10 years and it was wrongfully [taken] from me.”
- John: “My home was stolen from me.”
- Annie: “My house that has been paid for since 1979 was stolen from me.”
- Malik: “[It was] identity theft. I’ve asked for due process in Dekalb County Superior Court.”
- Nicholas: “My home of nearly 10 years was stolen from me by fraudulent foreclosure practices.”
Many cases reviewed by Atlanta News First Investigates involved multiple allegations at once, such as deed theft and fraudulent loans.
Resolving cases of real estate fraud can take years and hundreds of thousands of dollars, but Alembik said real estate fraud is not a complicated crime.
Experts say it isn’t hard for scammers to steal your home in Georgia.
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