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The title department at Lawyer's Title in Burbank, California, was processing a title–only order for an independent escrow company. The transaction was a cash–out loan for $400,000. The title search revealed a deed of distribution to the heir of the deceased in 1994.

In 2010, an uninsured deed from the heir was recorded transferring the property to the borrower, Tom A. Toe. The deed was executed by an attorney–in–fact for the grantor. Twelve days later, Toe deeded the property back to the heir. Both deeds were notarized by the same notary public.

Forty days after that, another uninsured deed was recorded transferring the property to a woman. Six years later, almost to the day, a quiet title judgment was recorded in favor of Tom A. Toe. One month after the title judgment, Toe applied for a new loan in the amount of $400,000 and was pledging this property as collateral for the loan. Title Officer Andy Vigil did a title search discovering two lis pendens affecting this property filed by the estate of the deceased.

The title report was sent to the independent escrow officer working on the closing. Upon receipt of the title report the escrow officer worked diligently with Toe to obtain a withdrawal of the lis pendens. The original withdrawal documents releasing the lis pendens were forwarded to Lawyer's Title for approval and recordation. The documents came in without a cover letter or any correspondence from the law firm who signed them.

Andy found this very unusual and called the law firm located in the state of Texas. The firm confirmed the withdrawals were not executed by their attorney. The attorney confirmed he was not in Texas on the date the documents were signed. The documents were notarized by a notary commissioned in the state of Texas. Andy's suspicions that the withdrawals were not legitimate were right! The documents were forged.

Andy escalated his findings to his manager, Mike Merlo, who nominated Andy for a $1,500 reward! Mike said, "The moral of the story is know where documents come from. A release of a lien, judgement or other action which affects a property should be accompanied by either a demand statement or instructions from the party who provided the document."

Lawyer's Title notified the escrow company they would not insure the new lender and took the proper steps to ensure none of the other FNF Family of Companies would insure the new loan either.

The borrower on this property had previously succeeded in this crime, obtaining more than $1,000,000 in loans secured against another property and insured by another title company. In addition, the same borrower has been arrested and charged with battery and indicted for robbery of a jewelry store. If only he would use his powers for good instead of evil. Good thing we have super heroes like Andy to save the day!

 

 
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