Stop Land Title Fraud and Remedy the Flawed e-Filing Registration System
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I have encountered a ten-year water leakage from my upstairs unit since 2009. The realtor who managed it for the absentee owner refused to fix the water leakage despite my continued requests. I had no choice but to take legal action against the realtor and the absentee owner. In 2014, the realtor announced that the owner had passed away at age 86. In order to substitute the deceased defendant with his or her estate executor, I discovered that the realtor and her family were taking advantage of the loopholes in the current Land Title e-Filling System to commit real estate fraud and estate fraud. I appealed to all Government authorities to remedy the loopholes in the system, but found no success.
I believe that all BC homeowners deserve a safe system. We cannot allow such illegal behaviour whereby an unprofessional realtor's son acquired a $6 million condo at $1.00 consideration by fraudulent conveyance (Land Title and Survey Authority (LTSA) of BC registration document CA3667124), and then had his parents place a fake $6.8 million mortgage lien on the same property (LTSA registration document CA5944298). Nor can we condone such wrong-doing whereby a dishonest realtor's sister becomes the new owner of a property which the realtor had managed for the previous overseas owner, and then claimed to represent the owner by using a non-existing notary public for sales transaction. (LTSA registration document CA2322998).
If the system is not remedied, anyone who can access the Land Title Registration System and schemes to commit fraud would be able to transfer a property to a third party without the owner's consent. BC Homeowners are at a great risk of losing their properties at any moment unless we make some significant changes.
As of the present moment, whenever there are real estate fraud activities the LTSA will direct victims and/or witnesses to the police department for investigation. However the police do not have enough manpower or staff experienced enough to pick out the fraudulent information from these documents. The possibility of these fraudsters being caught is very low so the number of house thefts continues to rise. Moreover, when these people commit real estate fraud, they are also committing tax evasion and money laundering.
People will say that writing a will can protect heirs from losing estate assets. However, I noted that the transfer of the upstairs unit was executed 3 months before the owner's death but e-filed the next day after the owner passed away. Therefore, the owner's unit has never been an estate asset. Nobody can ask a deceased owner to confirm whether the signature on the execution date is true or forged. Even if his/her legal heirs discover the title fraud, to win a lawsuit is very challenging.
We must persuade government authorities to establish a Real Estate Fraud Unit, a Bureau of Investigation dedicated to investigation and prosecution like that in the U.S. (See http://www.rivcoda.org/opencms/daoffice/Units/SpecialProsecution/RealEstate
In the U.S, a victim of real estate fraud or a witness who has knowledge of such activity can file a complaint to the Real Estate Fraud Unit for investigation and prosecution. Furthermore we must set up a separate organization to regulate standard title insurances like that of American real estate transactions. When there is an insurer involved, the transaction documents must be reviewed carefully.
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