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More people falling victim to quit claim deed fraud

“Anyone can walk into this office and file a claim against your property, and you may not even know. That’s the scary part for me,” Shelby County Register of Deeds Willie Brooks said.
deed fraud

Date: 01/19/2024 – By Jessica Gertler, WREG Investigators

SHELBY COUNTY, Tenn. — Your home could be stolen without you even knowing it.

 

It’s a terrifying thought we are hearing about more and more in Shelby County. And it’s not easy, or cheap, to get your home back.

 

“Anyone can walk into this office and file a claim against your property, and you may not even know. That’s the scary part for me,” Shelby County Register of Deeds Willie Brooks said.

In Parkway Village, a home purchased by truck driver Archie Foster remained in his name until he turned 89 years old. But someone hired to care for him allegedly took Foster’s home out of his name with a quit claim deed.

Foster was in a nursing home in Memphis when his brother in Oklahoma contacted an attorney here, saying he believed someone was taking advantage of his brother.

Gary Jewel now represents Foster. He said soon after he took that call, a lawsuit was filed against Foster’s caretaker and two others.

Court documents allege Foster’s caretaker, who started working for him in 2022, stole more than $200,000.

“She had been paying herself a hefty sum, $1,800 to 2,000 a week,” Jewel said. “At Christmas, she gave herself a lot of big checks. Her name got put on the bank account.”

Jewel said she also persuaded the elderly man to give her power of attorney and then took his home.

In October 2023, a property deed was filed at the Shelby County Register’s Office.

Read the entire article at the following website link:

More people falling victim to quit claim deed fraud

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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