Saturday, September 26, 2009

Protect your free and clear property

So you worked your whole life paying off the mortgage on your dream house and finally achieved just that. It's a fantastically rewarding feeling. As time passes, you realize how much you have enjoyed not making payments any longer when all of a sudden one day your doorbell rings and it's the sheriff serving you a notice. Through all the confusion and heartache on that and subsequent days, it becomes clear that someone has searched the Public Records, found your property had no loan recorded against it and proceeded to forge a deed transfering title to themselves - followed by a new mortgage or even just a sale to a third party. Regardless of the situation, it's the start of an unbelievable can of worms for you and your family. It can happen and as proof.....one of the most notable properties in the country was stolen (but given right back - full story http://www.nydailynews.com/money/2008/12/02/2008-12-02_it_took_90_minutes_for_daily_news_to_ste.html

While this seems unlikely, it can happen and does, more frequently than you think. In an effort to protect themselves, I am aware of one situation wherein the homeowner sought to protect themselves by executing a Deed of Trust from themselves to their Trust, creating a 'cloud on title' which would make it a little more difficult for a forger (not a bad idea but seek counsel if you decide you want some protection). For the Forger, they would have Trust Certifications, Security Documents and Releases to deal with and a subsequent Title Insurer would look at these carefully. Finding a situation like this might cause a potential Forger to look to another property - kind of like having a big German Shepherd in the backyard, a burglar would probably look elsewhere to apply his nefarious talents.

The criminal mind is always working to find ways to get ahead, a real waste when you consider the potential lost putting that type of creativity to good use, equally - we must find ways to stay ahead of them. Keep the faith!

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