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News Story in Georgia of a family’s home stolen

Georgia law makes it very easy for someone to steal your home right out from under you.
home is stolen

Date: 02/12/2024 – By Ciara Cummings, Atlanta News First

ATLANTA, Ga. (Atlanta News First) – Brenda Booth was still mourning the loss of her beloved sister, Claudia Marie, when she found out her sister had transferred her home’s deed to a private company on April 26, 2022.

 

“Uh, she can’t sign a deed three months after she died,” Booth recalled.

 

Families such as Booth’s say metro Atlanta law police are not criminally pursuing cases of stolen homes, which is all part of a troubling trend of deed theft in Georgia.

Claudia Marie died in 2022 after a long period of declining health. While Booth was preparing for her sister’s demise, she could not anticipate what happened afterward.

Booth sought the help of probate court attorney Daniel Kalamaro to handle her late sister’s assets. Among those assets was a Clayton County home in the unincorporated community of Rex.

“It’s usually a fairly routine process: gather the assets, gather the debts, identify the creditors and make your disbursements and away you go,” Kalamaro explained. “That did not happen here.”

“It’s been a doozie.”

When Booth tried to sell her sister’s home last year, she learned the house was no longer hers.

County clerk records show Claudia Marie’s signature on a deed that transferred the home to a private company, EBA Capital Inc. Claudia Marie’s name was signed on April 26, 2022.

But she’d already been dead for three months, according to her state-certified death certificate.

Read the entire article at the following website link:

Atlanta woman dies, then her family’s home is stolen

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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