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PROPERTY & DEED FRAUD

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2021-9-26 published at News & Reports category

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1.Karen a. yarbrough cook county recorder of deeds 1 deeds:helping victims fight property FRAUD Dirty
2.DIRTY DEEDS 2 To view this video, click here http://cookrecorder.com/dirty-deeds-nbc-shows-how-loophole-could-cost-you-your-home/
3.You may have read about “mortgage fraud”; in fact, it’s in the news almost every day. “Property or deed fraud” vs. “mortgage fraud” – “Mortgage fraud” refers to banks/lenders being defrauded. “Property or deed fraud” (or recording fraud) is the hijacking of property or abuse of the public recording system by using bogus liens and filings. Property fraud can consist of recording/filing false/forged transfers of ownership, quit claim deeds, or the filing of a bogus lien with the intent to harass the victim. What Is Property or Deed Fraud? 3
4.Most common question we get when explaining property fraud – to effectively communicate the importance of the issue, you must first explain that it’s not your fault. Almost every state has an open and public recording system, meaning you can’t “freeze” your chain of title like you can your credit report. Plus, County Recorders are not authorized by law to validate legal claims made in documents. The public is not used to elected officials calling attention to loopholes in the system. The only way to stop this fraud completely is to lock down our public recording system and require hearings before anything is filed. HOW CAN THIS HAPPEN? 4
5.Sovereign citizens – anti-government extremists filing false liens & encumbrances against public officials; taking vacant homes through false adverse possession claims; clouding titles to make political statements. Foreclosure “rescue” scammers – desperate homeowners tricked into clouding their own titles, or into signing their deed over to a scammer in hopes of “relief” that never comes. Predators – these criminals have no agenda other than theft or deception. Can often be family members of someone who is vulnerable. Who Is Committing Property Fraud? 5
6.The elderly – elderly homeowners are more likely to have paid-for homes. If no heirs, they are the perfect target. Communities with high foreclosure rates – neighborhoods hit hard by foreclosure tend to produce more likely victims and more desperate people who can become perpetrators. Public Officials – “sovereign citizens” like to enact retribution against elected officials, judges & law enforcement officers. A $50 lien can cause THOUSANDS in damages to your enemy. High profile figures – CEOs of major companies, like utilities. Who Is Being Targeted? 6
7.Legislative Reform – Recording statute applicable to Cook County is 55 ILCS 5/4-12002. To address the property fraud issue the Cook County Recorder spearheaded the passing of three pieces of legislation to help homeowners deal with fraudulent recordings and punish lawbreakers. Bolstered our Property Fraud Unit – Prior to 2013 the office, was called “Mortgage Fraud Unit”; the name was changed to reflect our priority of helping the property owner. Free Property Fraud Alert –This alert system is the best way homeowners can police their own title. Went from about 500 signups in prior two years to over 9,800 in 2013. What has ccrd Done so far? 7
8.Staff Training – brought in a national expert on sovereign citizens and provided guidance to staff on detecting/flagging possible fraudulent documents. Intergovernmental Partnerships – We have monthly meetings with the County Sheriff’s Office, and are working with Chicago Police and the FBI to assist with investigations. Legal Associations - Working with professional groups located within Cook County and statewide to bring awareness to the issue. 8 What has ccrd Done so far? Continued
9.CCRD has two full-time investigators/caseworkers, and we will soon add a third person to oversee the department. The Property Fraud Unit was moved from a hidden corner on the 2nd floor of the office to a prominent location on the Main Floor to increase visibility. Our Property Fraud Unit actually helped coordinate the multi-agency law enforcement response that led to the arrest of a scammer who tried to boot an elderly woman from her home. A STRONGER FRAUD DEPARTMENT 9
10.The first step is education. Most aren’t aware how a Recorder’s Office works, and how the ministerial nature of the office makes it easy for determined scammers to steal property. Staff attends community events such as property tax appeal seminars to talk about the problem, as well as sign people up on the spot. Created handouts, fliers, bookmarks, and a Property Fraud Video. The website was redesigned to highlight our Property Fraud Alert System. PROMOTING FREE PROPERTY FRAUD ALERT 10
11.PROMOTING FREE PROPERTY FRAUD ALERT 11
12.PROMOTING FREE PROPERTY FRAUD ALERT 12
13.Our online resources http://CookRecorder.com Sign up for PFA How to check your deed How to sign up for PFA Contact Fraud Unit 13
14. HB 2905 (PA 98-99) – Makes it a Class 4 Felony to knowingly record a document that clouds a title if the value of the cloud is over $10,000, or the act is a 2nd or subsequent offense. See 720 ILCS 5/32-13. Gives prosecutors an incentive to pursue cases & helps deter persons from clouding their own titles. HB 2269 (PA 98-29) – Reauthorizes a Cook Co. program that requires notaries who validate real estate transfer transactions to keep a Transaction Record and forward a copy to our office and extends several sunset provisions through July 1, 2018. See 5 ILCS 312/3 – 102; 5 ILCS 312/3 – 104; 5 ILCS 312/6 – 102. New Legislation to Fight Fraud 14
15.HB 2832 (PA 98-98) – “Review and Refer” - Gives Recorders the option to partner with their county administrative law system to expedite and remedy clear cases of fraud. Once adjudicated as fraudulent, the Recorder will add a notice to chain of title notifying all to disregard the recording in question. See 55 ILCS 5/3-5010.5. New Legislation to Fight Fraud continued 15
16.16 ABOUT THE REVIEW/REFER LAW The “Review and Refer” law was initiated because the status quo for victims was unacceptable. It is meant for documents meeting the clearly defined “red flags” to be deemed fraudulent– for example, an abusive lien that claims homeowner owes $800 million in silver would trigger a review. It can also be utilized if the document contains clear forgeries, or if a notary attests that they did not validate. This new law creates an expedited review process by an administrative law judge, where they make a finding as to the documents validity.
17.Does NOT give discretion to refuse or “un-record” documents that meet statutory muster. This new law preserves due process for the alleged filer, and also preserves all recordings in the chain of title. Nothing in the law requires the victim to use this review and referral process; private rights of action are preserved for victim and filer. CCRD cannot refer without signed authority from victim, meaning CCRD cannot unilaterally decide to refer a document. 17 ABOUT THE REVIEW/REFER LAW
18.18 Benefits of THE REVIEW/REFER LAW Transfers the burden of justice to the criminal, and off the victim Frees up docket space in chancery court for legitimate property disputes Ability to salvage real estate transactions Reduces the ability of sovereign citizens and other offenders to use paper filings as a weapon
19.19 World premiere! Frontline anti-fraud training VIDEO This video not yet available for public posting. Check back soon at http://cookrecorder.com/fraud-unit/
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25.IDEOLOGY Posse Comitatus: Midwest 1970’s “force of the county” Not subject to taxes Not citizens of the United States Cannot be tried for crimes/no complainant Common Law Courts 25
26.IDEOLOGY Documentation Social Security Cards Vehicle Registrations Drivers Licenses Non-Use Zip Codes 26
27.UCC-107 Uniform Commercial Code 810 ILCS 5/ Punctuations in Names 14Th Amendment Citizen Organic Citizens IDEOLOGY 27
28.SYMBOLS 28
29.SYMBOLS 29
31.Strawman De facto government Conveyance UCC Aboriginal [zip code] or near zip code Free man Man on the land Common law Doe: John John Doe, Executive Trustee for the Private Contract Trust known as JOHN DOE © IDENTIFIERS 31
32.Posse Comitatus Late 1970’s Randy Weaver Ruby Ridge Aug 31, 1992 NOTABLE SOVEREIGN CITIZEN ACTIVITY Branch Davidian Waco Feb 28-Apr 19, 1993 Apr 19, 1995 McVeigh/Nichols Oklahoma City Montana Freemen March 25, 1996 Jerry & Joe Kane West Memphis, Ak May 20, 2010 Timeline 32
33.VIOLENCE AND TERROR 33
34.A term to refer to the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal documents lacking sound factual basis as a method of harassment, especially against government officials. PAPER TERRORISM 34
35.http://www.dailymail.co.uk/news/article-2019520/Little-known-American-sect-Moorish-Science-Temple-spotlight-thanks-rash-bogus-court-filings.html Christopher Bennett-Bey grand sheikh Charlotte temple Moorish Science Temple of America ARTICLE BY RACHEL QUIGLEY 35
36. From New Jersey to California, police, courthouse officials and real estate agents are being confronted with a baffling new problem: bogus legal documents filed by people claiming to follow an obscure religion called Moorish Science. ARTICLE BY RACHEL QUIGLEY 36
37. The bad filings include deeds, liens and other documents, often written in confusing pseudo-legal jargon and making outlandish claims about being exempt from U.S. law. ARTICLE BY RACHEL QUIGLEY 37
38. In some cases, filers have actually moved into foreclosed houses and changed the locks. ARTICLE BY RACHEL QUIGLEY 38
39. As long as a legal document is properly formatted, county officials have to file it alongside valid paperwork, according to Mecklenburg County Register of Deeds David Granberry. Having a bogus lien or deed legally purged requires the county — or the subject of the lien — to go through a potentially lengthy process that often involves hiring lawyers. A document with a $50 filing fee can easily end up costing the county $2,000, Mr Granberry said. ARTICLE BY RACHEL QUIGLEY 39
40. They literally believe that if you lowercase the "u" in the phrase United States, you will break the bonds of government tyranny and become a free man, said Mark Potok, the expert with the Southern Poverty Law Center. ARTICLE BY RACHEL QUIGLEY 40
41.MOORISH SCIENCE TEMPLE OF AMERICA Noble Drew Ali Born: Timothy Drew January 8, 1886 North Carolina Died: Chicago July 20, 1929 Canaanite Temple Newark 1913 Chicago 1925… Midwest “closer to Islam” Temple No. 9 1926 41
42.Love Truth Peace Freedom Justice MOORISH SCIENCE TEMPLE OF AMERICA 42
43.ALL ARE NOT ALIKE 43
44.‘Moorish National’s’ Spectacular Escape Ends in Ignominy The prolific bank robber and self-professed “Moorish national,” a black nationalist version of the radical and growing antigovernment “sovereign citizens” movement, made a daring jail break from a federal high-rise lockup in downtown Chicago a week before Christmas. Joseph Banks, 37, and his cellmate, Kenneth Conley, 38, were both awaiting sentencing for separate bank robberies when they broke through a window and part of a wall in the predawn darkness of Dec. 18 2012. Then they rappelled 15 stories down the side of the 28-story jail, using a rope fashioned from bed sheets. And why not break out? Sovereign citizens believe they are not subject to most federal tax and criminal laws. Intelligence Report, Spring 2013, Issue Number: 149 44
45.Joseph Banks Kenneth Conley Intelligence Report, Spring 2013, Issue Number: 149 ‘Moorish National’s’ Spectacular Escape Ends in Ignominy 45
46.Court Security Improvement Act of 2007 566 Title 28 U.S.C. False Liens Against Federal/Government Employees 73 Title 18 U.S.C. Disclosure of Personal Information To Incite 7 Title 18 U.S.C. COMBATTING PAPER TERRORISM 46
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49.Don’t assume fraudulent activity is taking place because of color, race, religion etc. A red fez does not always indicate the wearer to be Moorish or a person committing fraud. Frontline personnel should be concerned with the behavior of the person and the state of the documentation. Don’t Profile 49
50.TO RECORD OR NOT TO RECORD? ZIP CODE 50
51.HANDLING POSSIBLE HAZARDS 51
52.HANDLING POSSIBLE HAZARDS 52
53. LIKE us on Facebook: search “Recorder Yarbrough” CookRecorder.com STAY IN TOUCH… 53
54.Thank you! We are trying to be green, so instead of handouts, you can download this presentation and videos at http://CookRecorder.com/PRIA If you have questions, please catch us after or join us tomorrow morning @ 8am for a Property Fraud Breakfast Roundtable. John.Mirkovic@CookCountyIL.gov 312-590-5013 54

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