re: Raleigh Man Faces Financial Ruin After Multimillion-Dollar Home Stolen Using False Deed

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Then construct law in accordance with their presumed capacity.

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Their capacity is to file papers. That's it.

I imagine in almost every clerk's office, there is a big sign saying they can't give legal opinions/advice.

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For these marginally capable clerks to sign off on the transaction, require formal legal identification of the titleholder and the holder's willingness to transfer title.

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That would be a statutory issue, not a clerk issue.

And I doubt the RE industry would want those transaction costs added to the system.

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I doubt the RE industry would want those transaction costs added to the system.

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bullshite!
The "RE industry" includes those costs in every transfer it is involved with.

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Their capacity is to VERIFY

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No

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Is it your contention that laws cannot be created to reduce the chance of fraudulent theft and/or transfer of title? Seriously

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Why do you ask this when the answer was already posted in the post you quoted?

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That would be a statutory issue, not a clerk issue.

And I doubt the RE industry would want those transaction costs added to the system.

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Your scenario of significant changes to how clerks operate would lead to higher costs

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FALSE!
How does a minimal requisite presence of the title holder for any documented transfer add to costs?

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Why do you ask this when the answer was already posted

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Because there was no answer posted. You used the term "issue," not "solution."

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County clerks can’t verify the legal authenticity of such documents.

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Then they cannot notarize them. Simple stuff.

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at least here.

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We are talking about NC.

Are you saying LA sucks worse?
and no one has corrected the ability of a simpleton to title steal in LA?
ARE YOU F***ING KIDDING ME?????

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WTF does their notarizing

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I don't know any clerk who notarizes documents.

They file stamp them to note time/date filed

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were you acquainted with Ms. Mangum prior to her deed application?

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That isn’t how this works. I have handled numerous deed forgery cases. Not in Louisiana but I’m familiar enough with La’s process to know it isn’t significantly different.

The clerk has almost nothing to do with anything. I’ve seen stuff filed for recording on one step more formal than a napkin.

The clerk at most would be looking for a notarial seal.


And in Georgia even when the notary may be legit, the notary directory is so shoddy it’s often hard to even find contact info for them.


Some safeguards against this are to set some alerts for filings (not sure if possible in La. From my limited experience the clerks of courts systems are pretty shitty), check tax records periodically (although there’s definitely a lag before that changes—you may get a tax lien before you notice but at least you’d discover the forgery and fraud).

The deed record systems need some updates. Notarizing is antiquated. Need blockchain type security and verification


The instinct that somehow the person accepting the deed for recording should act as some sort of gatekeeper is logical. But it just isn’t practical. They know nothing about what you’re filing except maybe the basic form. They aren’t checking ID or signatures or inspecting notary sigs/seals.

Also, this is another reason why sometimes it’s just a good idea to have a mortgage loan. It’s a form of asset protection. Even just recording a sham mortgage of you own free and clear. So that when it goes to close the title examination will pull the encumbrance. I guess a savvy scam artist would record a mortgage cancellation but it’s at least a step.

Messed up.

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If someone is willing to commit fraud, no system can stop them every time.

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We are talking about defrauding good people's LIFE SAVINGS !!!!