Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Sunday, October 25, 2015
National Realtor Group, Title Industry Continue Waving Red Flags On Hacker/E-Mail Scams That Look To Hijack Closing Funds From Homebuyers In Pending Real Estate Transactions
The Washington Post reports:
[Y]ou’re about to settle on a home. You get an e-mail from your real estate agent or from the title company, requesting funds to be wired to an account for settlement. The e-mail purports a last-minute change in wiring instructions.
You dutifuly wire the money using the new instructions.
Then, the call comes from the title company the day before settlement, asking why you have not sent your funds for settlement. This is the moment you learn that you have sent hundreds of thousands of dollars to a thief.
This scheme is not new. But a recent resurgence of wire fraud in the real estate industry, and the increase in its sophistication, prompted the National Association of Realtors (NAR) and many national title insurance companies to issue warning bulletins to the industry.
“We don’t have any hard numbers about how much buyers have lost, but we do have an increasing number of reports that it is happening,” said Katie Johnson, general counsel of the NAR.
According to Johnson, the hackers are monitoring e-mails and waiting patiently to determine what is the best scam. They realized that real estate transactions involve a large amount of money right before closing.
“The scammers are following information about transactions online on the MLS [multiple-listing service] or in the public records,” said Matthew Alegi, a partner at Potomac law firm Shulman Rogers. “It is only a matter of time before someone local gets hit with a six-figure cybertheft.”
Alegi and his staff foiled a recent attempt by a hacker to have proceeds of a property sale wired to the hacker’s account.
“We received an e-mail saying that the proceeds should be wired rather than mailed,” Alegi said. “Our title processor checked with the seller and learned that the e-mail had not come from him.”
According to Alegi, if you wire money to a wrong account, the bank will not reimburse you. “There is usually no recourse to get your money back,” Alegi said.
These schemes are getting harder to catch. The hackers have improved their grammar, and they obtain an almost identical e-mail address, making it very difficult to identify it as a scam.
Patrick Weed, broker of Patrick Realty Company in Kensington, and his buyer client also prevented a potential $20,000 loss.
“I received a call from my buyer asking why I e-mailed her asking for an additional deposit of $20,000 for her purchase in Olney,” Weed said. “She told me that she responded to my e-mail, and that I sent her an e-mail back.”
The e-mails stated that the money was necessary to ensure a smooth and easy transaction.
Weed said he never sent his client an e-mail asking for an additional $20,000. The hacker monitored his e-mail and was able to garner exact details about the transaction. The hacker provided wiring instructions to a bank in Texas.
Unfortunately, some people have fallen for this scheme and have lost money.
“Someone in Chicago recently lost $130,000, and in Texas there was a recent loss of $30,000,” said Johnson. “It is prevalent, and it is increasing.”
“We have to be more vigilant than ever,” Alegi said. “Consumers need to be aware. Brokers need to be aware. Title companies need to be aware.”
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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