Land Fraud Initiatives

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Land Fraud Initiatives

• Carl R. Ernst
• IACREOT
• Charlotte, NC
• July 20, 2007

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Stealing property is much easier than stealing
cars.
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Strategy of Attack

• Prevent
• Deter
• Detect
• Correct
• Prosecute

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1. Prevent

• The best defense against land fraud is to prevent
  it through
• Education (consumer, notary, closing agent, etc.)
• Notices and warnings
• Acknowledgement laws
• Early detection systems

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2. Deter

• People can be deterred from committing land fraud
  by
• Criminal penalties
• Acknowledgement law
• Transaction disclosure
• Education of potential criminals
• Cameras in recording offices

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3. Detect

• To be most effective, detection should be as
  early as possible in the scheme
• Report suspicious activity
• Check for identified schemes
• Check for multiple conveyances/mortgages

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4. Correct

• In those instances where rights to property has
  been stolen from the rightful owner, clear title
  expeditiously
• Expedite action to quiet title
• Administrative invalid lien release law
• Administrative invalid conveyance deletion law

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5. Prosecute

• It takes up to five years from the start of a
  land fraud scheme to conviction.
• Establish local, funded land fraud units
• Increase local/state/federal law enforcement
  cooperation
• Make crimes felonies
• Invoke tougher penalties (Pillory?)

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Cooperation Is the Key

• 1. Recorders
• 2. Assessors/Tax Collectors
• 3. Title Abstractors
• 4. Title Insurers
• 5. Mortgage Lenders
• 6. Law Enforcement
• 7. Consumer Representatives
• 8. Notaries Public

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PRIA Land Fraud Workgroup

• Established December 2006
• Co-Chairs Joan Decker and Carl Ernst
• Any PRIA member is invited to participate
• To participate, send a request to
• Carl.Ernst_at_ErnstPublishing.com

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Land Fraud Initiatives

• Carl R. Ernst, CEO
• Ernst Publishing, LLC
• 480-563-6479
• Carl.Ernst_at_ErnstPublishing.com