Correct me if I misunderstood you.
If I was to find a property, that lets say, fell through the cracks in all the confusion of the housing crash. And the ownership paperwork was "misplaced". I find this property that nobody seems to own.
I could create bogus ownership documentation just like the banks are doing. Claiming it as my own, even though I have no proof of it ever being mine. Then sell it to an unsuspecting buyer for a profit. As long as I have bogus paperwork that looks like its real?
Then say 2 years later someone finds the actual ownership documentation. Maybe it "fell behind the filing cabinet" or something. That person lays riteful claim to the property, Right?
The buyer is covered because of the title insurance. The title company takes a loss without a fight and no investigation. The riteful owner gets the property. And all is right with the world? No Harm, No foul, No State or Federal Charges filed? Everyone is happy? It's like it was a dream, Right?
Lets just say for arguements sake, that's how it works.
That's an REO property. Do you really think that theres not just as many properties that are NOT in default that the banks have lost paperwork on? Do you think when Joe Homeowner pays off his home after 30 years and gets bogus ownership paperwork from the bank. Nobody will ever be the wiser?
And if Joe Homeowner tries to sell his home, because he wants to move to florida. No Title insurance company will ever know the ownership documents are fake or will ever come into question?
From what I can see, the cat is already out of the bag. Its just a matter of time before this thing blows up. The only question is how bad is it going to get?
Now that its out that the banks have been forging documents. How long do you think it will take to be a HUGE issue to every person that is holding or has held a mortgage in the past 5 years?
The origin of this story was on "60 minutes". Not someones blog, or some no name newspaper or some realestate talk radio show. Do you really think given the current state of the realestate market and millions of people grasping at straws to keep their home are not going to be asking for proof of ownership paperwork from the banks, and verifying the validity of the paperwork from now on?
Not to mention all those who have already lost their homes filing suits against the banks for misconduct, forgery, not to mention breaking several state and federal laws. Do you really think this is just going to go away? Do you think Obama is not going to take this chance to try to institute even more oversite and regulations on the banks?
Did you even see the 60 minutes story? More than a few of these "Official" documents had "Insert Bogus Address Here" or the space for the address of the property was left blank.
In other documents, the bank had been foreclosing on properties for months. When asked to supply the ownership documents the date the bank acquired the property was 2-3 months after they had started foreclosure. In other words, they started to foreclose on properties they wouldn't even own for 2-3 months.
In my opinion its not a matter if we are going to get screwed by the banks again its how hard this time?
I am trying to state my case respectfully with the facts as I know them. None of what I have stated in intended to insult or attack anyone.
I am new to RE Investing but not uneducated I have been studying the RE markets and Investing in general for several years now. I am by no means proporting to be an expert.
What I am looking for are solutions to a worst case senario. If this does go down as I suggest. What do we do as investors to protect ourselves and our properties?
For everyones sake I hope I am 100% wrong.
Any solutions anyone?
Keith