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About LAWPRO® General News Special Report on Fraud Real Estate Fraud - you're the target
Bold, outrageous and highly organized: The new face of real estate fraud Real estate fraud - like other types of fraud - has been a reality for the real estate bar for as long as lawyers have engaged in conveyancing. Typically, real estate fraud involved a homeowner, anxious for funds, obtaining a mortgage loan against property that the borrower owns but where an imposter executed the mortgage as co-owner or consenting spouse. Often, the culprit is caught; frequently, the lawyer acting on the loan did not ask for or obtain photo-identification of both parties to be satisfied as to the identities of the signing parties. Recently a new type of fraud has surfaced: A more sophisticated, intricate, organized and often difficult to detect fraud. Lawyers, by virtue of their pivotal role in conveyancing, are integral to the success of these disturbing new types of fraud. Sometimes, they are even drawn into the schemes, lured by the promise of quick and generous fees. For this special issue on fraud, we have tapped into the expertise resident both within LAWPRO and within the ranks of our defence counsel. Later in this section, David Clark, a claims examiner with LAWPRO, describes some typical fraudulent schemes that lawyers should be aware of. The focus of this report, however, is on real estate fraud. These newest brands of fraud in real estate transactions are far more outrageous and bold, appear to be highly organized and tend to strike at people totally unrelated to the fraudsters. They are both sophisticated and yet simple. One type, described in some detail by Sid Troister, is not easily detected, if detectable at all. Even the most diligent lawyer can be easily duped. Every lawyer is vulnerable to it. The second type of real estate fraud, described in detail by Bob Potts and Mirilyn Selznick, is a variation of the "flip" scam. But again, the level of sophistication, intricacy and duplicity are surprising and disturbing. The new face of real estate fraud
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April 30, 2012
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