Fraudsters Steal Elderly Man’s House – How To Avoid Mortgage Fraud
Posted August 26, 2006 12:00 pm.
This article is more than 5 years old.
Just because somebody can’t make off with your house, doesn’t mean it can’t be stolen.
Paul Reviczky knows this as well as anyone. His was snagged right out from under him in the most unexpected of circumstances – mortgage fraud.
The 89-year-old held a North York bungalow as an investment property for 25 years, largely as a source of income to support family in Hungary.
But those days are over. Without him realizing it, the house was sold behind Reviczky’s back through identity theft and title fraud.
“He called me, hysterical and actually crying,” recalls Gabrielle Toth, Reviczky’s niece of hearing the news.
“I have never, in all the years that I’ve known my uncle, have never seen him so upset.”
It all began when he rented the house to a couple with the last name “Skurik” in March of 2006. Police believe the duo forged a power of attorney in order to give a fictional grandson named “Aaron” authority to sell the house on Reviczky’s behalf.
He doesn’t even have any grandsons.
The alleged forged signature on the power of attorney looks little like the previous home owner’s real John Hancock. And yet the document was notarized by North York based lawyer Sheldon Caplan on April 18th. The home went off the market three days later for the sum of $450,000.
But all’s not lost. Reviczky could be awarded financial compensation, but that might take years and doesn’t really solve the problem since all he really wants is one thing.
“I want to get the house back,” Reviczky insists.
Meanwhile, the lawyer representing the home’s purchasers says his clients are innocent buyers and shouldn’t have to forfeit their new house.
Of course this is a story where the ending is still to be written, as lawyers on both sides sort through the facts while police hunt for suspects.
Here are some ways to protect your most important investment:
- Consult public real estate websites to review property listings in the community where the property is located. Compare features, size and locations to establish if the asking price seems reasonable.
- Check to make sure your representative is a licensed real estate agent.
- Beware of a real estate agent or mortgage broker who has a financial interest in the transaction.
- Ask for a copy of the land title or go to a Registry office and ask them to do a historical title search.
- In the offer to purchase, include the option to have the property appraised by a designated or accredited member of the Appraisal Institute of Canada.
- Insist on a home inspection to guard against buying a home that has been cosmetically renovated or formerly used as a grow house operation. Grow operators frequently use mortgage fraud to purchase their properties.
- Ask to see receipts for recent renovations.
- When you make a deposit, ensure your money is protected by being held “in trust”.
Here are some mortgage fraud red flags:
- Someone offers you a fee to use your name and credit information to obtain a mortgage.
- You are encouraged to include false information on a loan application.
- You are asked to leave signature lines or other important areas on a loan application blank.
- The seller or investment advisor discourages you from seeing or inspecting the property you are offering to purchase.
Courtesy of the Real Estate Council of Alberta
Title fraud has become a growing problem in the real estate market, and until recently, there weren’t many tools available to consumers to prevent it. But consumers can protect themselves by purchasing title insurance. Here’s a list of information on this protection, courtesy of First Canadian Title.
What Is Title Fraud?
The most common cases includes instances that include:
Someone refinances your property by forging your signature and using fake identification, running away with the funds and leaving you to pay the costs of defending your title.
Someone transfers title out of your name and then mortgages the property without your knowledge, leaving you with the responsibility of having to repay the mortgage and reclaim your ownership.
Title fraud can result in the following repercussions for a homeowner:
- The cost of defending one’s right of ownership, which can cost tens of thousands of dollars;
- The stress and uncertainty surrounding the a resolution of title-related problems;
- The time spent waiting for resolution from the Land Titles Assurance Fund; and
- The loss associated with a fraudulent mortgage that is entitled to remain registered against the true home owner’s interest.
There are a few policies you can choose from, which include:
Home ownership protection policy: it’s issued the time the property is purchased or refinanced;
Loan Policy: issued at the time the property is mortgaged;
Existing Home Owner Policy: this policy remains in effect for as long as you have interest in the property.
