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FCCC Fall Conference
October 8, 2015
Records & Information Management
Introductions
Property Fraud Issues
Property Owner Alert Programs
Audience Experiences
Discussion & Questions
Fraud can be committed in a number of ways
by recording documents in the Clerk’s
Official Records.
Someone can create a fraudulent document
that will deed your home to them and then
record that document in the Official Records.
According to the FBI, property and mortgage
fraud is the fastest white collar crime in
America.
The Clerk must record all documents that meet the requirements outlined in the Florida Statutes. If a document is properly executed and presented with payment, it is the responsibility of the Clerk's office to record the document.
According to Florida Statute 28, the clerk of the circuit court shall record the following kinds of instruments presented to him or her for recording, upon payment of the service charges prescribed by law. (deeds, leases, bills of sale, agreements, mortgages, notices of claims of liens and etc. ).
Scammers can apply for a second mortgage.
Scammers can trick people into giving them
money to rent or buy homes.
Schemes typically involve recording
fraudulent deeds or mortgages which are
used to get money from property other
people own.
A judge can issue a court order to remove a document from the official record.
If an individual suspects a fraudulent document has been recorded s/he should contact the local law enforcement authorities. (Note: Some law enforcement agencies have specific units which handle this type of crime. “Economic Crimes Unit”)
It may also be advisable for the individual to consult with an attorney.
Finding ways to protect our customers is vital. Anyone can register for this FREE service.
Allows subscribers to monitor documents recorded in the Official Records – alerts are typically based on the registration of a name or business, and may also be based on the Parcel ID Number.
When users receive an alert, they can verify the activity was initiated by them and not someone attempting to commit property fraud.
Provides an opportunity to take action, if needed.
Easy to implement; easy to register; proactive monitoring tool.
Automated alerts provide easy and timely notification.
Check with your OR system vendor – there
may be an available product in their system
Stand-alone system – may be compatible with
any OR system
Home-grown system
Letters/post-cards
Use of disclaimer – subscribers must agree to
terms of use
In June 2009, Carl Heflin, a former West Palm Beach Police officer was charged with defrauding dozens of people in our area.
According to PBSO, Heflin filed fraudulent deed transfers to illegally take ownership of foreclosed homes.
Investigators believe Heflin filed 20 fraudulent deeds.
In May 2011, Kesner Joaseus, was arrested on a charge of organized fraud.
The Clerk’s Recording Department identified as many as 31 quit claim deeds had been transferred by Joaseus to his investment company (K& R Investment Capital).
In Jan. 2014, Robert A. Tribble Jr. allegedly filed fake deeds with Clerk & Comptroller’s offices, making it appear as if he owned homes that were not actually his.
One victim gave Tribble $23,500 as a down payment.
Tribble is accused of defrauding potential buyers and renters out of $240,000.
In April 11, 2011, The Police Department in Clearwater, FL arrested Silvia Lopez Mateos and charged her with Criminal Use of ID (Identity Theft); Grand Theft and violation of probation.
CPD’s Economic Crimes Unit determined that Mateos was operating under the guise of a real estate investment company. She forged quitclaim deed documents to obtain ownership of multiple properties and then sold them or rented them out for profit.
In her last scheme she fraudulently acquired a residence in Clearwater and then sold the residence, resulting in an $113,000 financial loss to the title company.
She was sentenced January 24, 2014 to the FL WomensPrison expected release date 12/07/2030
Media Release
Website
On-line Newsletter
Email blast to Realtor’s Association, Florida Bar –PBC, Title Companies, Mortgage Providers
Home Owners Associations
Speaking engagements
Posters, rack cards and business cards in Clerk’s office, other county government offices, public libraries, chambers of commerce, law enforcement agencies
Community events – Home Show, West Palm Beach National Night Out, Royal Palm Beach Senior Expo, PBC Affordable Housing Collaborative
Michele Nelson, Palm Beach County
561-355-6219
Kimberly Swain, Pinellas County
727-464-6878
