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Subject:
Illegal mortgages
Category: Business and Money Asked by: barb123-ga List Price: $10.00 |
Posted:
18 Aug 2002 14:15 PDT
Expires: 17 Sep 2002 14:15 PDT Question ID: 55967 |
What is the story about people taking out mortgages on houses owned by someone else? I saw this on television, but forgot the details. The actual owners were stuck with the unwanted mortgages, while the perpetrator made off with the money. How is this done, but more importantly, how can a homeowner prevent this illegal action? I've had some suspicious phone calls inquiring about whether or not I have a mortgage. |
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Subject:
Re: Illegal mortgages
Answered By: ozguru-ga on 18 Aug 2002 16:48 PDT |
Dear barb123, The details will vary with the particular country (and possibly state) laws. However, I expect that the mechanism would be similar. ie relying on an older system of chain of title transfers, that only required a forged signature and not a centrally registered title. This is an example from Australia's Sydney Morning Herald: http://www.smh.com.au/articles/2002/06/19/1023864458790.html The related Land Property and Information bulletin from the relevant state government shows that there is little risk under the Torrens title system (originally began in 1858 and now covers the majority of properties) as the government provides a guarantee of title. Search Strategy: "old system title fraud" Just select the answer clarification if you would like specific information for a particular locale. Regards, "The TAF underwrites the State guarantee of land titles in New South Wales under the Torrens title system. The object of the Torrens system is to provide certainty of title to land. The State guarantees the validity of the title of persons who become registered as the proprietor of land without fraud on their own part. " http://www.lpi.nsw.gov.au/publications/ib79.pdf |
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Subject:
Re: Illegal mortgages
From: lot-ga on 18 Aug 2002 14:55 PDT |
interesting... the house owner usually has title deeds and title to the land and other formal documents. lot-ga |
Subject:
Re: Illegal mortgages
From: expertlaw-ga on 18 Aug 2002 20:17 PDT |
You may have heard about "second mortgage fraud". The victims, usually elderly, are sold overpriced home improvements, and sign a second mortgage to cover the cost. Sometimes the work is done, usually in a substandard manner, and sometimes nothing is done at all. In the worst cases, the "contractor" does some initial demolition work, but does not do any of the subsequent renovation. The second mortgage is discounted (sold) to an institutional lender who knows nothing about the fraud, and who can thus foreclose free of the defenses that might be raised by the homeowner against the contractor. Meanwhile the homeowner may be left in a home that is uninhabitable, without the resources to repair the damage or to pay the mortgage. The consumerlaw site has some tips on avoiding second mortgage fraud - but as I indicated, the real problem is if a third party lender acquires the mortgage without knowledge of the fraud - in which case the homeowner is often stuck. http://www.consumerlaw.org/consumer/secmort.html |
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