Dear Juris Doctor;
I recently heard a woman on the radio say that her home was stolen and she was evicted.
How can a home be stolen?
Thank you, Cara
Dear Cara;
I have heard the radio advertisement to which you are referring. The ad is from a company that researches the title ownership of your home and monitors it for you. The spokespersons are trying to scare you so that you will pay for the company’s services. If you reside in the home you own, it would be difficult for someone to steal your home ownership. We in Palm Beach County can research our title documents every day at any hour by accessing the website for the Palm Beach County Clerk’s Official Records – http://oris.co.palm-beach.fl.us/or_web1/or_sch_1.asp. You can insert your last name followed by your first name in the appropriate webpage and all documents recorded in the Palm Beach County Official Records will appear.
The home theft concept in the advertisement results when a criminal has a forged deed recorded in the Public Records. Typically, the real owner’s forged signature will appear in the deed which transfers the property to the criminal. Then the criminal will likely attempt to obtain a mortgage encumbering your property or sell the property. Any lender will want to access your property for an appraisal so it would be difficult for you to be the subject of this scheme if you reside in your home. If a property were to be sold, the buyer will want to see the inside of the home. The radio advertisement also mentions eviction. Only tenants can be evicted. It would be very challenging for a criminal to “evict” a homeowner who resides at the home in Palm Beach County. In addition, there are legal remedies if your signature is forged on a deed. It is more likely to happen in a vacant property than a home that is owner occupied.
Please contact me if you have any further questions.
Sincerely, J.D.
james@jcclaw.com
If you have a legal question in the area of real estate, foreclosures, estate planning, wills, trusts or probate, please submit it to this newspaper at james@jcclaw.com.