Deed fraud — where property is illegally transferred through forged or fraudulent documents — can have devastating consequences for homeowners. A Dayton Daily News investigation last year found that local residents were spending thousands of dollars in court to reclaim properties transferred away from them through fraudulent quitclaim deeds, and these court battles did not always end in the favor of the original property owner.
Quitclaim deeds are quick ways to transfer property and are often used by family members. But in quitclaim fraud, a quitclaim deed with a false signature of the owner, coupled with a negligent or complicit notarization, is recorded against the property.
Under Ohio law, notaries are authorized to witness the signing of various documents, administer oaths, and certify copies. Their primary responsibility is to confirm that the signer is who they claim to be and that the signature is made knowingly and without coercion, according to the Montgomery County Recorder’s Office.
Two Huber Heights residents, Rosalyn Johnson and Diamond Washington, were recently convicted in a quitclaim deed fraud case.
The duo 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. Washington notarized the deeds and brought them to the Montgomery County Recorder’s Office to record the property transfer. The pair would then sell the properties for far below the market value.
Recorder’s office officials said the on-site notaries will make it so visitors can have their documents notarized the same day, reducing delays and errors. The presence of notaries also allows for real-time identity verification and document inspection, “significantly lowering the risk of forged or fraudulent submissions,” according to a recorder’s office press release.
The Montgomery County Recorder’s Office also operates a free notification system to keep property owners in the loop for documents related to their properties.
Those enrolled in The Fraud Alert Notification System (FANS) can opt to receive an email, a letter or both whenever a deed, a mortgage or a lien is filed on parcels enrolled in the service. Residents can enroll on the county recorder’s website or at its office.
For more information on notary services or deed recording procedures, the recorder’s office asks that community members call 937-225-4275.
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