Real estate fraud alert
June 2, 2010
Identity and value fraud schemes: they're back, and anyone doing a conveyance is at risk.
The Lawyers Insurance Fund has become aware that, once again, fraudsters are using real estate transfers as a means of making a dirty dollar. Two years ago, we alerted lawyers to a variation of identity fraud in our Identity fraud alert. Apparently, the rogues that prompted that notice are back in business. The ruse used then involved a son asking a lawyer to act for his father as seller of property, with the father giving instructions to pay the sales proceeds to a corporate third party. The father produced ID (fake) in the name of the owner. The lawyer received mortgage funds from the purchaser and completed the deal. By the time the fraud came to light, the purchaser, son and father — all imposters — had disappeared. We do not know whether the next round of frauds will follow this template or one involving a premise that is a little — or entirely — different.
In addition, it appears that a rebounding real estate market has again created opportunities for crooks to perpetrate value frauds, or "Oklahoma Flips." As reported on in Law Society alert on value fraud schemes, these typically involve flipping property for an artificially inflated price, allowing the new purchaser to deceive the mortgage lender as to the property's real value, and borrow more money than warranted.
The fraudsters are out there. To help protect yourself from being caught in a fraudulent scheme and targeted as a source of recovery, do your reading. Read the earlier alerts noted and the further materials they reference, including Real estate fraud -- a prevention primer. Read mortgage instructions carefully, as lenders may have requirements in terms of disclosure of assignments (flips), as well as client identification. And remember your ethical duty to be on guard against becoming the tool of a fraudster (Professional Conduct Handbook Chapter 4, Rule 6, footnote 3), as well as your obligations in terms of client identification and verification (Law Society Rules 3-91 to 3-102).
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- Fraud Alerts
- Fraud Alert: March 25, 2021
- Fraud Alert: March 4, 2021
- Fraud Alert: October 22, 2020
- Fraud Alert: August 6, 2019
- Fraud Alert: July 10, 2018
- Fraud Alert: December 15, 2017
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- Fraud Alert: July 6, 2017
- Fraud Alert: January 19, 2017
- Fraud Alert: August 4, 2016
- Fraud Alert: August 6, 2015
- Fraud Alert: May 7, 2015
- Fraud Alert: April 8, 2015
- Fraud Alert: December 31, 2014
- Fraud Alert: August 28, 2014
- Fraud Alert: December 21, 2012
- Fraud Alert: August 1, 2012
- Fraud Alert: June 1, 2012
- Fraud Alert: January 6, 2012
- Fraud Alert: December 15, 2011
- Fraud Alert: July 21, 2011
- Fraud Alert: May 2, 2011
- Fraud Alert: March 23, 2011
- Fraud Alert: June 2, 2010
- Fraud Alert: June 19, 2009
- Fraud Alert: May 14, 2009
- Fraud Alert: December 15, 2008
- Fraud Alert: September 16, 2008
- Fraud Alert: June 10, 2008
- Fraud Alert: May 5, 2008
- Fraud Alert: January 22, 2008
- Fraud Alert: August 10, 2005
- Fraud Alert: July 8, 2005
- Fraud Alert: March 11, 2005
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- Bad Cheque Scam: Steps to Manage Risk
- Bad Cheque Scam: Twists and Developments
- Bad Cheque Scam: Common Characteristics and Red Flags
- Bad Cheque Scam: What To Do If You Suspect a New Client May Be a Scamster
- Bad Cheque Scam: Report Actual or Possible Trust Fund Shortages
- Bad Cheque Scam Publications
- Other Social Engineering Scams, Including Phony Change in Payment Instructions
- Real Estate: Value, identity and other frauds
- Cybercrimes