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Quitclaim deed fraud: what is it and how can I protect myself?
Although Ohio officials say reports of deed fraud are not widespread throughout the state, Montgomery County officials have pointed out a concerning trend surrounding quitclaim deeds and alleged property transfer fraud.
• What are quitclaim deeds? Deeds are documents that show ownership. Quitclaim deeds transfer property from one entity to another without a sale taking place. Quitclaim deeds are typically used by relatives or spouses to transfer property.
• The transaction: Oftentimes, no money is involved in the transaction, no title search is done to verify ownership of the property and no title insurance is issued.
• Notary needed: Quitclaim deeds need to be notarized by an active, legitimate notary and filed with county offices to log the transfer of property.
• How fraud occurs:
— In quitclaim deed property schemes, fraudulent signatures are made on the document, transferring the property away from the land or building’s rightful owners.
— A fraudster can bring the document to a negligent or even complicit notary for the official stamp and signature needed for the deed to be processed by county offices that deal with property transfers.
— The fraudulent documents are then taken to the auditor’s and recorder’s offices to log the property transfer. After the property is officially transferred, the fraudulent owner may sell it to another unsuspecting buyer or even rent it out to tenants who have no knowledge of the fraud.
Credit: Jim Noelker
Credit: Jim Noelker
• At-risk properties:
— Properties that are typically targeted appear to be vacant and owned by people who do not live locally and are unable to check on their properties regularly.
— Properties that are going up for rent or sale can also be at risk. Perpetrators of deed fraud often look at websites where people can search property sales, like Trulia.
Quitclaim deed fraud pervasive in region with few consequences
A Dayton Daily News investigation found quitclaim deed fraud is happening in Montgomery County.
Our investigation found:
— The Montgomery County Recorder’s office saw 91 complaints regarding questionable deeds from January 2023 to April 2024.
— These cases are rarely prosecuted criminally because of challenges such the length of time before the suspected fraud is discovered.
— Someone who files a quitclaim deed can make thousands of dollars on each transaction by selling the property to a third party, defrauding the buyer and sometimes making it so the original owner can’t get their property back.
Dayton area man, woman indicted on quitclaim deed fraud charges
A Dayton-area man and woman linked to the limited liability corporation Love Has Homes were recently indicted on multiple charges related to three instances of alleged quitclaim deed fraud.
• Who are they? Diamond DeShawn Washington, 38, and Rosalyn Monique Johnson, 39.
• What are the charges? The two face charges of engaging in a pattern of corrupt activity, forgery, tampering with government records, grand theft and telecommunications fraud.
Credit: Lynch, Gregory (COP-Dayton)
Credit: Lynch, Gregory (COP-Dayton)
• How were they used in this case? Washington and Johnson allegedly used quitclaim deeds to fraudulently transfer three properties — one in Dayton, one in Centerville and one in Huber Heights — to Love Has Homes LLC, forging the signatures of the homeowners.
• How were they caught? The defendants allegedly offered the properties far below market value. One property, valued at $133,900, sold for $35,000 to an unsuspecting buyer. This transfer was flagged to the homeowner, who was signed up for the county’s Fraud Alert Notification System (FANS).
Protect yourself
• How to avoid this scam: Potential homebuyers should perform title searches on properties before completing a sale. Property owners who suspect that they’ve fallen victim to quitclaim deed fraud should contact the Montgomery County prosecutor’s consumer fraud unit and the recorder’s office.
• Think you are a victim? If someone believes they are the victim of a scam, they are encouraged to contact their local law enforcement authorities. The Montgomery County Auditor’s Office oversees the transfer of property, and the Montgomery County Recorder’s Office oversees the maintenance and storage of records.
• Contacts: The recorder’s office can be reached at 937-225-4275, and the auditor’s office can be reached at 937-225-4326.