Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Flick Lives
This sort of crime can only occur when you have a larcenous individual enabled by inept and lazy public officials who don’t bother to properly vet deed transfers.

No public official "vets" deed transfers. If a deed comes in and it's in recordable form, meaning (i) it lists a grantor and grantee, (ii) it contains a property description, and (iii) the grantor's signature is notarized, and the recording fees and taxes are paid then the deed gets recorded. It's a ministerial act. How is a public official supposed to determine if a deed submitted for recording has been forged? Do you expect them to call the owner and ask if they have in fact signed a deed to their house? Do you expect them to pull the prior deed and check to make sure the signatures are the same? All the crook has to do is forge the owner's signature on the deed and apply a fraudulent notary and the deed will get recorded.

It's the purchaser's job to make sure good title is being conveyed. Most purchasers hire title insurance companies to make sure they're getting good title and to provide insurance in case they do not. Protection against a fraudulent deed is one of the primary reasons people get title insurance. Title insurance would protect only the buyer of the home from the crook, though. It would not protect am owner whose home has been stolen.

23 posted on 07/24/2021 5:32:06 AM PDT by KevinB (''... and to the Banana Republic for which it stands ...")
[ Post Reply | Private Reply | To 6 | View Replies ]


To: KevinB

So what happens to notaries that sign off on bogus deals? Anything? Any way of vetting the notary? I mean they obtain their commissions from the courts based on whether or not they are of good moral character. Does any database of these individuals exist? Could there be some sort of e-verify for notaries?


31 posted on 07/24/2021 5:42:08 AM PDT by BlackAdderess (Satan was the first libertarian.)
[ Post Reply | Private Reply | To 23 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson