A friend owned farm land in India, he moved to Canada.
The property deed was in his name.
Someone in India, with fraudulent documents "sold" his land.
He only came to know about it when he next visited India. Unfortunately he could not do much.
There are people who will actively look through property records - if the person is not a local resident ( lives internationally ), then they are prime targets.
This was a decade ago - things have gotten a lot better with digital records and India's Universal ID system. But I did not realize, something like this was possible in the US.
1. Author lost me at his first sentence: "Like most people, I’ve had my identity stolen once or twice in my life." I am careful and aware of this possibility, but AFAIK I have not experienced this, nor have "most people" I know. o_O Crazy times.
2. I don't even understand how a title transfer could happen without verifying ownership. Is the title system in the USA decentralized or that much different than elsewhere? i.e. Torrens-style
I'm equally careful and aware. Years ago, now, I discovered that someone in New Mexico (if I recall correctly) was working under my Social Security number. That was likely someone not authorized to work in the US writing random digits on an I9 form. No amount of care will protect against that.
It wasn't easy to clear up, either. I'm fortunate that a close friend worked (at the time) for the SS administration, and was able to do basically all of the leg-work for me: I just had to sign a few forms he sent me. Someone not equally connected would have had a much harder time.
I'm also painfully aware that effectively every scrap of everyone's personal data has been repeatedly leaked online. I doubt that any amount of care has much to do with whether or not I'll be targeted at some point in the future.
If you don't dispute it, yes. However, if you don't dispute it, IRS knows about it as well and will be asking for their cut. Generally, the benefit increase is not worth higher taxes.
No, the United States doesnt have a central land registry because that is not an enumerated power of the federal government. The individual states have sovereignty over their own land and each has its own system for land registration. The article you linked to even names several states that have a partial Torrens title system.
The claim that the title insurance industry is the reason for lack of adoption of Torrens title schemes is uncited, and immediately followed by descriptions of several cases where Torrens title was adopted (often poorly) and later abandoned.
> No, the United States doesnt have a central land registry because that is not an enumerated power of the federal government.
I think you misunderstood the post you were replying to. Torrens title was invented in Australia. Just like in the US, land titles are a state responsibility in Australia not a federal one. But each state has a central statewide land registry which is the authoritative source of truth for land ownership. By contrast, US states hold land title records in a decentralised way (at the local government level not the state level), and those records aren’t legally decisive.
Most common law jurisdictions have centralised land titles, but often centralised at one level below the national government.
I wonder why a commercial entity that registers ownership / titles for free, and bills for checking, did not spring up. Clearly there is moneyed demand for certainty about title rights, and if you can provide certainty (because the last deal was registered with you), it may be a more desirable product than mere insurance.
It’s turtles all the way down, though — how do you know that last deal had clear title? At some point you’re going to want insurance anyway.
In any case, the US system is already that the government records ownership (not for free, but for a small recording fee) and the title company charges for checking, and for insurance in case they get it wrong.
As just one example
of how it can go wrong, here in Seattle it’s common to find out your lot is nine inches smaller than you thought because surveying technology is a lot better now than it was when your deed was written in 1908.
It's complicated. I live on a parcel of a very old property (early 1800s) that was subdivided shortly before I bought it. Without going into all the details, my neighbor who also lives on a parcel of the original land had a survey done and it turned out there were some significant incursions into other properties.
And we're not talking inches.
But, yeah, even inches (or any liens) can be an issue when it comes time to sell.
That depends on the state. I live in Iowa where the state records the transaction and verifies everyone's identity. Almost nobody has title insurance because there is nothing to insure. Every other state I've lived in though isn't as good about checking ID and you need title insurance (who is very good about checking id)
That is more or less how title insurance started back in the day.
In 1800 land was sold in person only by people who knew each other, in front of other witnesses who knew everybody in town. It worked great, which is why some states (I assume like CT) never bothered with a registry. In the mid 1800s as land out west started opening up for settlement (skip the whole bad treatment of the natives) investors "out east" wanted to invest in land and ran into a problem: they didn't want to go out to the land, but they knew scams existed so they started hiring trusted people to travel instead and verify they property owner was really the person they were buying from. Some states have a registry and so you don't need that, the state tracks owners and verifies the people buying/selling really are who they say they are.
Yet another example where "we can't have nice things" because entrenched businesses profit from keeping things not-nice. Title Insurance shouldn't even be a thing. This should be solvable by a database.
For identity theft, I think at this point it depends on where you set the bar. I've never had someone clean out my checking account or anything truly large, but my wife and I have had fraudulent charges on our credit cards several times as they've been leaked out one way or another. I would not "identify" as a "identity theft victim" per se if you asked me out of the blue, because compared to some of what I've heard about, I've had nothing more than minor annoyances come out of this. But yeah, I'd guess that it's fair to say that at this point most people have had at least some sort of identity-related issue at some point.
Different people understand "theft of identity" in different ways. If someone is impersonating you on the internet, or steals your credit card info and makes purchases on your behalf, that probably qualifies.
As for the nature of the scam, there are different levels of this. Most likely, the mark is the buyer / the escrow agency.
If you broaden the definition of "stolen identity" to "someone trying to scam either you or someone else by using details on your identity" (which this story more or less is) I think a fair many of us can claim this experience.
I know people who have bought the land they want to retire on now. (if they will or not is a different question, but that is the current plan). I know people who own hunting land that they visit one weekend a year. There are people who own land to lease to a local farmer - many farmers have too much money tied up in land and want to lease some of it from someone else to spread the risks.
If the land is expensive you wouldn't let it sit, but there is a lot of land that isn't very valuable that you can just own if you feel like it.
They inheritted it and have been lazy, they bought it for an investment, they bought it because they might want to build their retirement home on it, etc. Plenty of reasons why.
They're not trying to transfer ownership. They're trying to scam people out of the earnest money before a title search (ie ownership verification) happens.
Titles are very decentralized; they are likely modestly-competently managed at the county level, of which there up to 254 per state (Texas).
And identity theft is also very easy in the US. It happened to an old in my family. The state dmv happily mailed a replacement license to a completely different state without so much as checking with the person whose license it is. Just for the asking. It's absurd.
> He gave me the standard line: 2-3 weeks if I hear from anyone.
> I never heard from anyone.
What is the FBI doing if they're not working on cases like this or domestic terrorism/mass shootings? We continue to have both classes of crimes in droves.
A motivated attacker need only don a green safety vest and hard hat, then roll up with a white pickup truck, place some orange safety cones and take down the sign with a chainsaw.
The point is that nearly all of the people doing this don't even live in the country where the land is being sold from. A simple sign would probably be quite effective
True, but you can still do a confused deputy attack. The fraudster hires a property manager, informs them that they would like to remove the sign because they wish the list the property for sale. Either that or they con a realtor they're working with into doing it. The unknowing realtor, eager for the commission, knows a guy who can take it down.
There's always something that can happen in any scenario. Social engineering, hiring locals, deeper forms of identity theft, or worse. The possibilities never hit 0, they just become a lot less profitable (and a lot riskier) a scam to try to run.
No, but paying someone $300 is cheap when you hope to get a check for several hundred thousand in a few months. (even if the scam is only to get the earnest money that is still a $300 investment for the final thousand or two you make - with very little work)
Note that in the article, the author says how the scammers do everything to avoid having to show up in person. That's because they are in a different country and try to commit the scam without setting foot in the US.
Owning a vacant lot far from where you live seems to come with some risks. In Hawaii, a woman found out that a house was built on the wrong lot and inspectors missed it until the completed house was being sold. I'm curious if there are other proactive measures folks could take to ensure that doesn't happen to their land.
In the US identity theft is easier than in other countries because financial transactions are designed to be convenient, not safe. You can sell a property you own, or move your entire Fidelity savings to another bank, all without showing up in person.
For years now I have been regularly receiving unsolicited offers to buy 560 Bluefields Street SE, an undeveloped lot in Palm Bay, Florida. Whether the land is actually for sale, I have no idea; I've never been anywhere near the place, and cannot imagine why anyone would believe I owned land there. I wish I could somehow redirect the speculators who won't stop pestering me to scammers like the ones in this tale, so they could all go harass each other and leave me in peace.
I suspect that the speculators are scammers anyway: they never respond to my questions.
> He also provided a fake email for my brother: alexanderedwardenenson@out-look.com. Notice the subtle misspelling — “Benenson” without the second “n” in the email, and the hyphenated “out-look.com” domain.
Surely you meant "'Benenson' without the “b” in the email, and the hyphenated 'out-look.com' domain"?
This doesn't make sense, earnest money would be in escrow until the title clears. The scammer would never have access to the earnest money, nor would it ever get transferred to them unless the buyer took too long to close, or didn't come up with funds?? Like the title company would almost have to be involved for this to work.
The title is often actually transfered, and it is a mess to clean up.
You could walk into a court house and submit paperwork for filing, that transfers the title - all without any kind of sale or verification. It happens.
Hmm, I guess you technically just need to convince a notary that you're the seller and with virtual closings/ mobile notaries I guess that's probably pretty easy.
But still the scammer would never see the earnest money, unless the buyer backed out outside of an option period for whatever reason. Presumably they wouldn't if the land is cheap, and they've agreed to pay cash and put earnest money down.
This is interesting! A fraudulent deed on your title doesn’t change rights, but it might require you to clarify them in court, which is costly and inconvenient. Traditional title insurance only covered addressing clouds on title that existed when you acquired, meaning post-acquisition clouds would be your problem, but supposedly there is an enhanced coverage that title insurance companies offer as well, and the decision to surface the difference (at least where I live) lands with the closing attorney… who isn’t actually required to do or say anything about this….
I wouldn't say it has nothing to do with the article. A real estate agent selling your land on behalf of someone that isn't you is roughly analogous to a bank giving credit in your name to someone who isn't you. Either way, someone who isn't you got scammed by someone else who also isn't you, but somehow this is your problem.
A friend owned farm land in India, he moved to Canada. The property deed was in his name.
Someone in India, with fraudulent documents "sold" his land.
He only came to know about it when he next visited India. Unfortunately he could not do much. There are people who will actively look through property records - if the person is not a local resident ( lives internationally ), then they are prime targets.
This was a decade ago - things have gotten a lot better with digital records and India's Universal ID system. But I did not realize, something like this was possible in the US.
1. Author lost me at his first sentence: "Like most people, I’ve had my identity stolen once or twice in my life." I am careful and aware of this possibility, but AFAIK I have not experienced this, nor have "most people" I know. o_O Crazy times.
2. I don't even understand how a title transfer could happen without verifying ownership. Is the title system in the USA decentralized or that much different than elsewhere? i.e. Torrens-style
I'm equally careful and aware. Years ago, now, I discovered that someone in New Mexico (if I recall correctly) was working under my Social Security number. That was likely someone not authorized to work in the US writing random digits on an I9 form. No amount of care will protect against that.
It wasn't easy to clear up, either. I'm fortunate that a close friend worked (at the time) for the SS administration, and was able to do basically all of the leg-work for me: I just had to sign a few forms he sent me. Someone not equally connected would have had a much harder time.
I'm also painfully aware that effectively every scrap of everyone's personal data has been repeatedly leaked online. I doubt that any amount of care has much to do with whether or not I'll be targeted at some point in the future.
I remember a friend's boyfriend lost his wallet in mexico.
she said the next few years he got many tax returns, apparently several people using his legitimate ssn.
does that mean someone was paying into your social security, essentially boosting your benefit amount when the time comes?
If you don't dispute it, yes. However, if you don't dispute it, IRS knows about it as well and will be asking for their cut. Generally, the benefit increase is not worth higher taxes.
Unlike most common law jurisdictions, the United States doesn't have a central land registry due to lobbying from the title insurance industry.
https://en.wikipedia.org/wiki/Torrens_title#United_States
No, the United States doesnt have a central land registry because that is not an enumerated power of the federal government. The individual states have sovereignty over their own land and each has its own system for land registration. The article you linked to even names several states that have a partial Torrens title system.
The claim that the title insurance industry is the reason for lack of adoption of Torrens title schemes is uncited, and immediately followed by descriptions of several cases where Torrens title was adopted (often poorly) and later abandoned.
> No, the United States doesnt have a central land registry because that is not an enumerated power of the federal government.
I think you misunderstood the post you were replying to. Torrens title was invented in Australia. Just like in the US, land titles are a state responsibility in Australia not a federal one. But each state has a central statewide land registry which is the authoritative source of truth for land ownership. By contrast, US states hold land title records in a decentralised way (at the local government level not the state level), and those records aren’t legally decisive.
Most common law jurisdictions have centralised land titles, but often centralised at one level below the national government.
"No, the United States doesnt have a central land registry [..]"
Fascinating, how is ownership established if there is no single source of truth?
I feel the answer to this is also crucial to understanding OP. It could be a minor annoyance or the real possibility to lose your land.
> how is ownership established if there is no single source of truth?
There is: the county clerk in the county where the land is located.
patio11 wrote a bunch about this: (https://www.bitsaboutmoney.com/archive/working-title-insuran...)
The federal government never enumerated the power to manage a national credit agency and yet we have several.
I wonder why a commercial entity that registers ownership / titles for free, and bills for checking, did not spring up. Clearly there is moneyed demand for certainty about title rights, and if you can provide certainty (because the last deal was registered with you), it may be a more desirable product than mere insurance.
It’s turtles all the way down, though — how do you know that last deal had clear title? At some point you’re going to want insurance anyway.
In any case, the US system is already that the government records ownership (not for free, but for a small recording fee) and the title company charges for checking, and for insurance in case they get it wrong.
As just one example of how it can go wrong, here in Seattle it’s common to find out your lot is nine inches smaller than you thought because surveying technology is a lot better now than it was when your deed was written in 1908.
It's complicated. I live on a parcel of a very old property (early 1800s) that was subdivided shortly before I bought it. Without going into all the details, my neighbor who also lives on a parcel of the original land had a survey done and it turned out there were some significant incursions into other properties.
And we're not talking inches.
But, yeah, even inches (or any liens) can be an issue when it comes time to sell.
That depends on the state. I live in Iowa where the state records the transaction and verifies everyone's identity. Almost nobody has title insurance because there is nothing to insure. Every other state I've lived in though isn't as good about checking ID and you need title insurance (who is very good about checking id)
That is more or less how title insurance started back in the day.
In 1800 land was sold in person only by people who knew each other, in front of other witnesses who knew everybody in town. It worked great, which is why some states (I assume like CT) never bothered with a registry. In the mid 1800s as land out west started opening up for settlement (skip the whole bad treatment of the natives) investors "out east" wanted to invest in land and ran into a problem: they didn't want to go out to the land, but they knew scams existed so they started hiring trusted people to travel instead and verify they property owner was really the person they were buying from. Some states have a registry and so you don't need that, the state tracks owners and verifies the people buying/selling really are who they say they are.
Yet another example where "we can't have nice things" because entrenched businesses profit from keeping things not-nice. Title Insurance shouldn't even be a thing. This should be solvable by a database.
There is a database. The insurance covers things that aren't in the database. Claims are exceptionally rare, so it's pretty cheap.
For identity theft, I think at this point it depends on where you set the bar. I've never had someone clean out my checking account or anything truly large, but my wife and I have had fraudulent charges on our credit cards several times as they've been leaked out one way or another. I would not "identify" as a "identity theft victim" per se if you asked me out of the blue, because compared to some of what I've heard about, I've had nothing more than minor annoyances come out of this. But yeah, I'd guess that it's fair to say that at this point most people have had at least some sort of identity-related issue at some point.
Different people understand "theft of identity" in different ways. If someone is impersonating you on the internet, or steals your credit card info and makes purchases on your behalf, that probably qualifies.
As for the nature of the scam, there are different levels of this. Most likely, the mark is the buyer / the escrow agency.
If you broaden the definition of "stolen identity" to "someone trying to scam either you or someone else by using details on your identity" (which this story more or less is) I think a fair many of us can claim this experience.
I also wondered why someone would own an empty lot in another town for years on end and neither build on it nor sell it.
I know people who have bought the land they want to retire on now. (if they will or not is a different question, but that is the current plan). I know people who own hunting land that they visit one weekend a year. There are people who own land to lease to a local farmer - many farmers have too much money tied up in land and want to lease some of it from someone else to spread the risks.
If the land is expensive you wouldn't let it sit, but there is a lot of land that isn't very valuable that you can just own if you feel like it.
They inheritted it and have been lazy, they bought it for an investment, they bought it because they might want to build their retirement home on it, etc. Plenty of reasons why.
They're not trying to transfer ownership. They're trying to scam people out of the earnest money before a title search (ie ownership verification) happens.
Titles are very decentralized; they are likely modestly-competently managed at the county level, of which there up to 254 per state (Texas).
And identity theft is also very easy in the US. It happened to an old in my family. The state dmv happily mailed a replacement license to a completely different state without so much as checking with the person whose license it is. Just for the asking. It's absurd.
> He gave me the standard line: 2-3 weeks if I hear from anyone.
> I never heard from anyone.
What is the FBI doing if they're not working on cases like this or domestic terrorism/mass shootings? We continue to have both classes of crimes in droves.
They're busy planning domestic terrorism (https://en.wikipedia.org/wiki/Gretchen_Whitmer_kidnapping_pl...), entrapping the mentally ill (https://archive.vn/riFSI), etc.
In all seriousness, this is probably an international crime and they just do not have the resources to chase them all down.
They are busy assisting ICE with hunting down immigrants.
You're just a citizen. Why would any of the three-letter agencies work on what you need?
Having recently been the victim of burglary, twice, I was shocked and dismayed at the lack of response from the authorities...
What about sinking 3 2x4s into the ground and nailing a 4x8 sheet of plywood with a tastefully painted sign indicating the property is not for sale?
It won't stop everyone but any realtor doing due diligence will likely see it. If is lasts long enough, it will show up on Google street view as well.
A motivated attacker need only don a green safety vest and hard hat, then roll up with a white pickup truck, place some orange safety cones and take down the sign with a chainsaw.
The point is that nearly all of the people doing this don't even live in the country where the land is being sold from. A simple sign would probably be quite effective
True, but you can still do a confused deputy attack. The fraudster hires a property manager, informs them that they would like to remove the sign because they wish the list the property for sale. Either that or they con a realtor they're working with into doing it. The unknowing realtor, eager for the commission, knows a guy who can take it down.
There's always something that can happen in any scenario. Social engineering, hiring locals, deeper forms of identity theft, or worse. The possibilities never hit 0, they just become a lot less profitable (and a lot riskier) a scam to try to run.
Who's paying for it? Are they working for free?
No, but paying someone $300 is cheap when you hope to get a check for several hundred thousand in a few months. (even if the scam is only to get the earnest money that is still a $300 investment for the final thousand or two you make - with very little work)
Note that in the article, the author says how the scammers do everything to avoid having to show up in person. That's because they are in a different country and try to commit the scam without setting foot in the US.
Owning a vacant lot far from where you live seems to come with some risks. In Hawaii, a woman found out that a house was built on the wrong lot and inspectors missed it until the completed house was being sold. I'm curious if there are other proactive measures folks could take to ensure that doesn't happen to their land.
https://www.sfgate.com/hawaii/article/hawaii-home-built-on-w...
What risk? She got a free house out of it!
(The house was ordered to be demolished, but the owner and the builder reached a confidential settlement and the house is still standing to this day)
Somewhat common in the UK as well, example: https://www.bbc.co.uk/news/uk-england-beds-bucks-herts-63392... (It took him 4 years to recover possession https://www.bbc.co.uk/news/articles/cwygv79n8x1o)
Here you can register with the Land Registry and they will email you if any enquiries or attempted sales happen on your property: https://www.gov.uk/protect-land-property-from-fraud
In the US identity theft is easier than in other countries because financial transactions are designed to be convenient, not safe. You can sell a property you own, or move your entire Fidelity savings to another bank, all without showing up in person.
For years now I have been regularly receiving unsolicited offers to buy 560 Bluefields Street SE, an undeveloped lot in Palm Bay, Florida. Whether the land is actually for sale, I have no idea; I've never been anywhere near the place, and cannot imagine why anyone would believe I owned land there. I wish I could somehow redirect the speculators who won't stop pestering me to scammers like the ones in this tale, so they could all go harass each other and leave me in peace.
I suspect that the speculators are scammers anyway: they never respond to my questions.
Sadly, incredibly common. It's a shame we don't have better protections for this by now.
Here's another I remember reading recently. I feel sorry for both parties and not sure how I think that should be adjudicated...
https://www.businessinsider.com/property-fraud-lawsuit-fairf...
> He also provided a fake email for my brother: alexanderedwardenenson@out-look.com. Notice the subtle misspelling — “Benenson” without the second “n” in the email, and the hyphenated “out-look.com” domain.
Surely you meant "'Benenson' without the “b” in the email, and the hyphenated 'out-look.com' domain"?
This doesn't make sense, earnest money would be in escrow until the title clears. The scammer would never have access to the earnest money, nor would it ever get transferred to them unless the buyer took too long to close, or didn't come up with funds?? Like the title company would almost have to be involved for this to work.
The title is often actually transfered, and it is a mess to clean up.
You could walk into a court house and submit paperwork for filing, that transfers the title - all without any kind of sale or verification. It happens.
Hmm, I guess you technically just need to convince a notary that you're the seller and with virtual closings/ mobile notaries I guess that's probably pretty easy.
But still the scammer would never see the earnest money, unless the buyer backed out outside of an option period for whatever reason. Presumably they wouldn't if the land is cheap, and they've agreed to pay cash and put earnest money down.
6. If questioned, they disappear.
Seems like this isn't really a problem? Who sells land without questions?
Is this something a title insurance could help with?
This is interesting! A fraudulent deed on your title doesn’t change rights, but it might require you to clarify them in court, which is costly and inconvenient. Traditional title insurance only covered addressing clouds on title that existed when you acquired, meaning post-acquisition clouds would be your problem, but supposedly there is an enhanced coverage that title insurance companies offer as well, and the decision to surface the difference (at least where I live) lands with the closing attorney… who isn’t actually required to do or say anything about this….
Title insurance protects the buyer. It doesn't protect the owner.
Also, as mentioned in another post, lobbying from title insurance companies is the reason the US doesn't have a central registry. https://en.wikipedia.org/wiki/Torrens_title#United_States
Much less on a property deal where identity and ownership are heavily scrutinized.
Another story of a title transfer scam: https://podcasts.apple.com/us/podcast/title-pirates/id290783...
Periodic reminder that "identity theft" is the financial system gaslighting you into thinking their poor decisions are your fault.
This is a Mad Libs autopilot reply which has nothing to do with the article.
I wouldn't say it has nothing to do with the article. A real estate agent selling your land on behalf of someone that isn't you is roughly analogous to a bank giving credit in your name to someone who isn't you. Either way, someone who isn't you got scammed by someone else who also isn't you, but somehow this is your problem.
That's why I downvoted and flagged it -- along with your content-free response.
The FBI won't get involved unless it's politically advantageous.