NC Lawyers! Need help!

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superrific

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My elderly mother lives in Durham County. She's concerned that somebody has been trying to steal her house through deed fraud. Apparently that has been a thing in NC, or at least it's gotten some press and she's worried about it. She had a moment today when she scanned some website (she was too upset to explain what exactly it was -- maybe the registry of deeds website?) and she wasn't listed as the owner of her house and she freaked out.

I don't think anything has happened; it was either a glitch in the system or a typing error on her part. Nonetheless, she is freaked out about it and insists that people are scheming against her. So the doctors are dealing with her creeping paranoia and mental state. Meanwhile, what can she do legally to investigate and reassure herself. Would it be worth hiring a property lawyer to do something? I mean, I don't know what there is to do, if anything. This is the kind of gritty details that I don't know at all. Law professors don't teach or think about these issues.

Thanks for any and all suggestions.
 
superrific said:
My elderly mother lives in Durham County. She's concerned that somebody has been trying to steal her house through deed fraud. Apparently that has been a thing in NC, or at least it's gotten some press and she's worried about it. She had a moment today when she scanned some website (she was too upset to explain what exactly it was -- maybe the registry of deeds website?) and she wasn't listed as the owner of her house and she freaked out.

I don't think anything has happened; it was either a glitch in the system or a typing error on her part. Nonetheless, she is freaked out about it and insists that people are scheming against her. So the doctors are dealing with her creeping paranoia and mental state. Meanwhile, what can she do legally to investigate and reassure herself. Would it be worth hiring a property lawyer to do something? I mean, I don't know what there is to do, if anything. This is the kind of gritty details that I don't know at all. Law professors don't teach or think about these issues.

Thanks for any and all suggestions.
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Start here — https://rodweb.dconc.gov/web/

You should be able to see what the public records say right now and also sign up for alerts if anything about her property changes.
 
Is the house free and clear(paid off)? If so I have heard of false quitclaim deed’s being recorded and it’s a mess to fix.
 
SmilingJack said:
Is the house free and clear(paid off)? If so I have heard of false quitclaim deed’s being recorded and it’s a mess to fix.
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Yeah that’s the risk area. Not much of a concern if there’s a mortgage but can be a disaster if the house is paid off.
 
Im no attorney but if you provide the address, I can see if there have been any recent recordings on the property.
 
I handled a case this year involving a property in North Georgia. A sophisticated fraudster convinced a closing attorney to transfer title of my client’s property to an innocent purchaser as part of a “sale” (client resided out of state and leased the property). It was finally resolved by the purchaser quitclaimmg the property back to my client with the purchaser making a claim on his title insurance policy. It was a pain to resolve.

As Lawtig advised, you can review the property records online to see if there have been any recent transfers. If you’re worried put a small equity line on the property.
 
Apparently a problem here is that the register of deeds website is having some issues. That's why my mom freaked out. I don't know why she was checking on it (she says she does this periodically, for some reason) but I'll have her go the actual office on main street and find out.

I appreciate all the advice.
 
Ramrouser said:
I handled a case this year involving a property in North Georgia. A sophisticated fraudster convinced a closing attorney to transfer title of my client’s property to an innocent purchaser as part of a “sale” (client resided out of state and leased the property). It was finally resolved by the purchaser quitclaimmg the property back to my client with the purchaser making a claim on his title insurance policy. It was a pain to resolve.

As Lawtig advised, you can review the property records online to see if there have been any recent transfers. If you’re worried put a small equity line on the property.
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Was your client selling? How was there even a closing attorney on that property to begin with? Did the closing attorney close on a property s/he wasn't representing? Was there a different transaction and this one got fraudulently folded in?
 
My client was owner of the property who resides in Greece most of the year and leased the property to a long term tenant. Fraudster group convinced a local real estate agent to list property for sale (never determined if agent was in on it). House is listed and buyer located. Goes under contract and sent to a closing attorney to close. No mortgage so simple process. Fraudster team said the seller was in Vietnam and presented photo of “seller’s” passport (obviously fake but looked real) allegedly authenticated by the US embassy in Vietnam. First closing attorney does his due diligence and won’t touch it. Agent sends it to 2nd closing attorney who decides to close. Warranty deed was signed by the “seller” with a witness and notary at the US Embassy. Fraudulent seller is wired the $220k as part of the sale. The tenant eventually realized what was occurring and notified my client’s son who contacted me (mother was in Greece). Police called but they don’t want to get involved. Very easily determined that the witness and notary were fake and no one at the Embassy knew them. Plus, the signature of the fraudulent seller did not come close to matching my client’s signature in the chain of title when she obtained the property in the 1980s.

The attorney’s office 100% at fault for zero due diligence. Agent at fault as well. Fortunately the story had a happy ending for my client.
 
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Ramrouser said:
My client was owner of the property who resides in Greece most of the year and leased the property to a long term tenant. Fraudster group convinced a local real estate agent to list property for sale (never determined if agent was in on it). House is listed and buyer located. Goes under contract and sent to a closing attorney to close. No mortgage so simple process. Fraudster team said the seller was in Vietnam and presented photo of “seller’s” passport (obviously fake but looked real) allegedly authenticated my the US embassy in Vietnam. First closing attorney does his due diligence and won’t touch it. Agent sends it to 2nd closing attorney who decides to close. Warranty deed was signed by the “seller” with a witness and notary at the US Embassy. Fraudulent seller is wired the $220k as part of the sale. The tenant eventually realized what was occurring and notified my client’s son who contacted me (mother was in Greece). Police called but they don’t want to get involved. Very easily determined that the witness and notary were fake and no one at the Embassy knew them. Plus, the signature of the fraudulent seller did not come close to matching my client’s signature in the chain of title when she obtained the property in the 1980s.
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Thank you. I hope that second closing attorney had his license suspended. And was sued.

The only job of the closing attorney is to prevent this from happening.

Why didn't the first closing attorney notify someone, instead of just "not touching it?"
 
superrific said:
Thank you. I hope that second closing attorney had his license suspended. And was sued.

The only job of the closing attorney is to prevent this from happening.

Why didn't the first closing attorney notify someone, instead of just "not touching it?"
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I never got a good answer to that question.
 
Ramrouser said:
My client was owner of the property who resides in Greece most of the year and leased the property to a long term tenant. Fraudster group convinced a local real estate agent to list property for sale (never determined if agent was in on it). House is listed and buyer located. Goes under contract and sent to a closing attorney to close. No mortgage so simple process. Fraudster team said the seller was in Vietnam and presented photo of “seller’s” passport (obviously fake but looked real) allegedly authenticated by the US embassy in Vietnam. First closing attorney does his due diligence and won’t touch it. Agent sends it to 2nd closing attorney who decides to close. Warranty deed was signed by the “seller” with a witness and notary at the US Embassy. Fraudulent seller is wired the $220k as part of the sale. The tenant eventually realized what was occurring and notified my client’s son who contacted me (mother was in Greece). Police called but they don’t want to get involved. Very easily determined that the witness and notary were fake and no one at the Embassy knew them. Plus, the signature of the fraudulent seller did not come close to matching my client’s signature in the chain of title when she obtained the property in the 1980s.

The attorney’s office 100% at fault for zero due diligence. Agent at fault as well. Fortunately the story had a happy ending for my client.
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The police don't want to be involved in a 6 figure theft? What are they prioritizing over that? Thanks popo.
 
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