California's booming real estate market has made real estate fraud and other related schemes more prevalent. Every year, unsuspecting individuals and businesses become ensnared in duplicitous and illegal activities pertaining to property or real estate transactions.
One of the services that the County Clerk-Recorder provides is the examining and recording of all documents that deal with establishing ownership of real property or land in the county. The department also officially records other documents such as deeds of trust, reconveyances, liens and lien releases. These official transactions become part of the public record.
The County Clerk-Recorder balances the accessibility of these public records with safeguarding the confidentiality of those records to the maximum extent possible.
Types of Real Estate Fraud
According to the United States Department of Housing and Urban Development (HUD), the following are some examples of real estate fraud:
- Home improvement scams, that involve real estate professionals getting loans in the name of fictitious borrowers, or in the name of people unaware their identities are being used;
- Equity fraud, which occurs when a person forges a property owner's signature on a deed and equity in the property is stolen through loans taken against the targeted property;
- Flipping, which involves the buying of property and the reselling of it at an inflated price based on fraudulent appraisal values;
- Fraudulent loan origination, in which real estate professionals help unqualified buyers obtain funds for Federal Housing Authority (FHA) insured mortgages; and
- Equity skimming, where an owner sells his property to a bogus buyer at a price well above its actual value.
Who is at risk to Real Estate Fraud?
Coupled with the effects of identity theft, any individual can be a potential target for real estate fraud. However, law enforcement statistics have shown that the elderly and the more economically challenged are much more susceptible to fraud. Here are some common warning signs of real estate fraud:
- You receive official property documents indicating a transfer of property and you have no previous knowledge of the transaction;
- You are missing a property tax bill: A missing tax bill can be the first sign of home equity fraud; and
- You receive mortgage documents or payment books for loans you never applied for: This is also another common sign of equity fraud coupled with identity fraud.
To protect yourself and your property
Monitor your credit every four to six months to look for any fraudulent or unexplained activity. You can also check the Orange County Clerk-Recorder's online Grantor/Grantee Index to check for recorded transactions that may affect ownership of your property.
Reporting Real Estate Fraud
Immediately contact your local police department if:
- You receive property documents you have no knowledge of or if the information on the document(s) has been altered after you signed it;
- You didn't sign the document(s) or believe the person signing the document(s) was incompetent or deceased at the time of the signing;
- You didn't sell, borrow or make a gift transfer of property to anyone; or
- You believe a fraud or misrepresentation has occurred in a transaction you were involved with.
The Office of the District Attorney's Consumer Protection Unit prosecutes unfair business practices. The unit reviews and/or investigates complaints involving misrepresentations and deceptive practices in connection with the sale or advertisement of goods and services.
Where else can I get help?
Agencies that may be able to assist you are:
California Association of REALTORS®
525 S. Virgil Avenue
Los Angeles, CA 90020
213-739-8200
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