Linda Dean, Title Officer with Fidelity's Southwest Title Group in Phoenix, was reviewing documents which purported to transfer from the record owner's estate to an heir by means of a small estate affidavit. Linda noticed the return address on the Affidavit for Transfer of Title of Real Property was in care of another person not named in the affidavit. The Death Certificate which was recorded identified the person on the return address as the daughter–in–law of the now deceased record owner.

Linda questioned the daughter–in–law about the "in care of" return address on the affidavit. The daughter–in–law indicated the sole heir to her mother–in–law's estate was her son and the grandson of the now deceased owner. Her son — the grandson of the now deceased record owner — was currently in prison, so she had the document sent to her house after it was recorded.

Linda verified the information through the Arizona Department of Corrections website. The problem, she discovered, is he was incarcerated at the time he supposedly signed the Affidavit for Transfer of Title of Real Property, swearing the entire estate was less than $100,000 and thereby transferring ownership to him.

Linda's research showed he had been in prison in Pinal County, Arizona, since January 2008 and was not scheduled to be released until January 2020. The affidavit was supposedly signed by him on August 19, 2016, in the presence of a notary public in Maricopa County, Arizona. Linda's research also revealed the notary did not work for the Arizona Department of Corrections and, in fact, did live close to the daughter–in–law.

Next, Linda reviewed the power of attorney granting the daughter–in–law the power to sell and sign on behalf of her incarcerated son. The signature on the power of attorney looked entirely different than the signature in the affidavit for the incarcerated son. The notary on the power of attorney did work for the department of corrections, so the signature on that document was accepted as valid.

The deceased owner had transferred the property out of a trust prior to her death. Linda asked for a copy of the trust agreement to determine any successor beneficiaries to corroborate the statement that the grandson was the sole heir. The daughter–in–law indicated she did not know where to locate the trust agreement.

Linda pressed for a copy and the daughter–in–law was asked to contact the attorney listed on the deed conveying the subject property into the trust. The daughter–in–law's response was that the decedent did not finish paying the attorney so he would not provide a copy.

Linda decided to escalate her concerns to the chief title officer. After his review, the chief title officer told the escrow officer the Company was electing not to insure the transaction. Next, he added an office note to the title plant in case the same deal was opened at another Fidelity owned company. Then, he promptly sent us this story so Linda Dean would receive the $1,500 reward she so rightly deserves.