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Is home title theft really an issue?

Posted on 11/10/22 at 10:59 am
Posted by GhostOfFreedom
Member since Jan 2021
11660 posts
Posted on 11/10/22 at 10:59 am
Bannon has a guy on right now pushing title lock protection. Doesn't title searches prevent this issue? Wouldn't you not be responsible for any loans taken out like this?

Posted by GhostOfFreedom
Member since Jan 2021
11660 posts
Posted on 11/10/22 at 11:00 am to
also, could/will real estate blockchain of titles be the final protection for titles? NFT real estate titles.
Posted by Ten Bears
Florida
Member since Oct 2018
3251 posts
Posted on 11/10/22 at 11:00 am to
As stated in the ad, according to a former FBI agent, it is the largest growing crime in the country.

But hey, call me crazy, if a bank lends money to a criminal using my home as collateral, well, that's on the damn bank.
Posted by phaz
Waddell, AZ
Member since Jan 2009
5825 posts
Posted on 11/10/22 at 11:01 am to
If you have a mortgage,the mortgage company has a lien which must be cleared 1st anyway. Most people have a mortgage.
Posted by Marquesa
Atlanta
Member since Nov 2020
1529 posts
Posted on 11/10/22 at 11:02 am to
I have no idea - but it seems to me that if a financial institution gets defrauded by a con-man using your property as a tool - then that's on the financial instiution. They should have better controls.

Now in the real world - fighting such a legal battle would be expensive and I have no idea if my supposition above is how the law looks at the situation.
Posted by Y.A. Tittle
Member since Sep 2003
101293 posts
Posted on 11/10/22 at 11:03 am to
I don't think so. I can't imagine not going after my mortgage holder pretty hard if someone tried to start meddling with my title and they didn't contact me.

There used to be a commercial with a guy saying "nobody's gonna CALL YOU!" Well, they damn well better. And I want to see my notarized signature on what transferred it.

How many people do you know who've been robbed of their title?
Posted by GetBackToWork
Member since Dec 2007
6251 posts
Posted on 11/10/22 at 11:03 am to
The larger issue from what I know was fraudulent instructions for wiring money at close. There have been a multitude of scenarios where the title company has been sent fake accounts for paying off loans/mortgages.
Posted by Rufus T Firefly
Member since Aug 2022
483 posts
Posted on 11/10/22 at 11:05 am to
you do realize that this is not a "news item", it's an advertisement but being presented as news
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
29409 posts
Posted on 11/10/22 at 11:06 am to
My house is paid off and the title (or whatever they call it) is registered under our name at the parish courthouse.

Is there any chance someone could take out a home equity loan on it without our knowledge?
This post was edited on 11/10/22 at 11:07 am
Posted by hawkeye007
Member since Feb 2010
5844 posts
Posted on 11/10/22 at 11:06 am to
17yrs in the mortgage lending tell me this is just total bullshite. You have to have a crooked title company is 100% needed to pull this off. a quick claim deed would have to be notarized by a notary and then filed by a title company. Now wire fraud at closing's has been an issue for a few years but that was a human issue for not paying close attention to wiring instructions. Hell life lock is a free service offered by credit agencies but people still pay life lock to do something they could do for free. Also you can't lock a title. what does locking a title even mean.
Posted by Bass Tiger
Member since Oct 2014
45986 posts
Posted on 11/10/22 at 11:08 am to
I've called the county I live in a year or two ago and discussed this with them and they seemed to think it's not that easy to transfer ownership of a home title through an online process....didn't say it was impossible but not easy.
Posted by Bass Tiger
Member since Oct 2014
45986 posts
Posted on 11/10/22 at 11:12 am to
Here's the more pertinent question.

Why is the homeowner responsible for the protection of their home title when it's the county holding that document?

The county is being very careless if they allow unverifiable acces to a homeowner's property title and should be held accountable for allowing the theft of that title.
Posted by NickSwisher
Member since Sep 2022
3348 posts
Posted on 11/10/22 at 11:13 am to
Sounds like you could sue the hell out of the lending company if they were to do this.

For all the properties I've bought to live at, I've always had to get title insurance anyways (though this is for slightly different reasons than the sales pitch presented here).
Posted by TheSadvocate
North Shore
Member since Aug 2020
3796 posts
Posted on 11/10/22 at 11:13 am to
quote:

My house is paid off and the title (or whatever they call it) is registered under our name at the parish courthouse.

Is there any chance someone could take out a home equity loan on it without our knowledge?


Yes there's a chance, albeit a small one. I'm in the same boat and because of those commercials, I've been checking the city-parish website every couple months to make sure nothing funny is going on.

I mean you'd think rolling up into a bank with just a fake ID and some bogus paperwork wouldn't be enough to get a mortgage on a house but you never know so I take a peek from time to time.
Posted by samson73103
Krypton
Member since Nov 2008
8108 posts
Posted on 11/10/22 at 11:15 am to
I've wondered about this. It doesn't seem like homeowner would be responsible but politicians have been writing laws for decades that absolutely frick their constituents. So who knows?
Posted by hawkeye007
Member since Feb 2010
5844 posts
Posted on 11/10/22 at 11:15 am to
No they bank has massive compliance when it comes to loans. the verification of employment by 3rd parties. ID's requrired to apply for the loan. It's just paid advertisment praying on the fear factor of people.
Posted by VADawg
Wherever
Member since Nov 2011
44721 posts
Posted on 11/10/22 at 11:17 am to
quote:

The larger issue from what I know was fraudulent instructions for wiring money at close. There have been a multitude of scenarios where the title company has been sent fake accounts for paying off loans/mortgages.


Your first payment on a wire or a peer to peer transfer system should always be for $1 (or some other small number; $1 may not work with wire fees). Then, check with the intended recipient to make sure they got that $1. Then send the rest.
Posted by Blizzard of Chizz
Member since Apr 2012
18975 posts
Posted on 11/10/22 at 11:17 am to
Plenty of legal ways to steal property. My uncle a year or so before he passed had sold 8 acres to a guy but apparently never actually got paid. Up until a few weeks before he died my uncle told my dad he was still in the process of working out the payment… somewhere in that time frame the guy sold the property to my uncle’s neighbor. When she died he demanded full payment from her husband or he’d begin seizing the property. Apparently no one had any idea what he was doing until my uncle died and this a-hole showed up at the funeral trying to collect. My older brother went into complete a-hole mode and hired estate attorneys to figure out what was going on and then it all unraveled.

Word to the wise, if you have older parents or relatives talk to them regularly and make sure no one has got their ear. Lots of people will befriend elderly people and “help” them out around their property to gain their trust. You don’t want to find them in a position where someone has convinced them to quick deed their property over for some sort of financial assistance
Posted by Beauw
Blanchard
Member since Sep 2007
3480 posts
Posted on 11/10/22 at 11:36 am to
quote:

If you have a mortgage,the mortgage company has a lien which must be cleared 1st anyway. Most people have a mortgage.


This, if you own your home free and clear, you might be at risk but if you still owe on it I doubt its worth their effort.
Posted by Bjorn Cyborg
Member since Sep 2016
26654 posts
Posted on 11/10/22 at 11:38 am to
No, it's not an issue. It's complete bullshite.

Any lending institution that lends money on fraudulent title would lose that money. The actual owner would win 100 percent of the time.

I guess maybe they pay to fight it, but it doesn't seem like it would take much.
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