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Have you heard the one about the crook who looked for shabby yards?
Three weeks ago, we offered suggestions from real estate agents and landscape designers on spiffing up your home for sale. A clean, well-kept yard not only increases value, but it also gives the impression the owner is present and involved in its maintenance.
Just how good that advice is was illustrated recently in Pierce County, when James Andrew Ryan pleaded guilty to four counts of forgery involving fictitious quit claim deeds. In each case, Ryan went looking for what he judged to be run-down homes with unkempt yards. He wrote down the address and researched the owner's name through county records. Ryan then forged the owner's name on a quit claim deed and finished it off with a bogus notary public seal. The phony quit claim deed, showing the owner's interest conveyed to Ryan, was then recorded at the Pierce County auditor's office.
"In almost all the cases, he chose homes that nobody seemed to be watching," said William Garrison, investigator for the Pierce County prosecuting attorney's office. "Some were distressed properties. One had old cars in the yard. When he (Ryan) tried to get the cars removed, the owner appeared and asked the tow truck driver what he was doing on the property."
The actual owners of the property denied ever knowing Ryan or selling or conveying property to him. He was eventually sentenced to two months in prison, and ordered to pay restitution to the victims and perform 240 hours of community service.
The Ryan case may be the first known case of real estate fraud involving bogus quit claim deeds.
The most common real estate scam known as equity skimming, or rent skimming, typically takes place on easy-to-assume home mortgages. Federal Housing Administration and Veterans Administration loans often are targeted because the loans are insured. Usually, a crafty crook assumes the mortgage, then rents the property to more than one tenant. But the crooked "landlord" deliberately fails to make the monthly mortgage payments and flees with the first and last month's rent, plus deposits.
"The problem with real property and property law is that most everything in question is determined after the fact," said Ivan Orton, senior deputy Prosecuting Attorney in King County's Fraud Division. "Personal property is a lot different. You have a car and you have your name on the title. You physically give it over to the new owner. You can't really do that with property."
The Ryan case raises questions about how far county auditors should go to check the authenticity of documents. There have been instances in which blatantly altered, bogus real estate deeds have had priority over the real deed. The most common avenue now open to the consumer to prove his is the correct deed is to hire an attorney and file a quiet title action in court.
John Ladenburg, Pierce County Prosecuting Attorney, has started discussions with some county auditors around the state to see what can be done about screening blatantly altered documents. He would like to see auditors be able to challenge questionable documents much like they are able to challenge voter registration. The idea would need legislative approval.
"It's crazy for someone who has done nothing wrong to pay the awful price of the victim," Ladenburg said.
If you are involved in a private real estate purchase without an agent or attorney, go through formal escrow and obtain a title report and title insurance. This may not turn up every possible bogus activity, but you will probably get more warning about possible blips on the title.
And, keep up your yard. You never know what some people think - and try.
Tom Kelly is a private real-estate consultant. His column runs Sundays in the Home/Real Estate section of The Times. Send questions and comments to Tom Kelly, P.O. Box 70, Seattle, WA, 98111.
