Karen a. yarbrough cook county recorder of deeds - PowerPoint Presentation

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Karen a. yarbrough cook county recorder of deeds

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deeds:

helping victims

fight

property FRAUD

DirtySlide2

DIRTY DEEDS2To view this video, click here

http://cookrecorder.com/dirty-deeds-nbc-shows-how-loophole-could-cost-you-your-home/Slide3

You may have read about “mortgage fraud”; in fact, it’s in the news almost every day.

“Property or deed fraud” vs. “mortgage fraud”

– “Mortgage fraud” refers to banks/lenders being defrauded. “Property or deed fraud” (or recording fraud) is the hijacking of property or abuse of the public recording system by using bogus liens and filings.

Property fraud can consist of recording/filing false/forged transfers of ownership, quit claim deeds, or the filing of a bogus lien with the intent to harass the victim.What Is Property or Deed Fraud?3Slide4

Most common question we get when explaining property fraud – to effectively communicate the importance of the issue, you must first explain that it’s not your fault.

Almost every state has an open and public recording system, meaning you can’t “freeze” your chain of title like you can your credit report. Plus, County Recorders are not authorized by law to validate legal claims made in documents.

The public is not used to elected officials calling attention to loopholes in the

system.The only way to stop this fraud completely is to lock down our public recording system and require hearings before anything is filed.HOW CAN THIS HAPPEN?4Slide5

Sovereign citizens – anti-government extremists filing false liens & encumbrances against public officials; taking vacant homes through false adverse possession claims; clouding titles to make political statements.

Foreclosure “rescue” scammers

– desperate homeowners tricked into clouding their own titles, or into signing their deed over to a scammer in hopes of “relief” that never comes.

Predators – these criminals have no agenda other than theft or deception. Can often be family members of someone who is vulnerable.Who Is Committing Property Fraud?5Slide6

The elderly – elderly homeowners are more likely to have paid-for homes. If no heirs, they are the perfect target.

Communities

with high foreclosure rates

– neighborhoods hit hard by foreclosure tend to produce more likely victims and more desperate people who can become perpetrators. Public Officials – “sovereign citizens” like to enact retribution against elected officials, judges & law enforcement officers. A $50 lien can cause THOUSANDS in damages to your enemy. High profile figures – CEOs of major companies, like utilities.Who Is Being Targeted?6Slide7

Legislative Reform –

Recording statute applicable to Cook County is

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ILCS 5/4-12002. To address the property fraud issue the Cook County Recorder spearheaded the passing of three pieces of legislation to help homeowners deal with fraudulent recordings and punish lawbreakers.Bolstered our Property Fraud Unit – Prior to 2013 the office, was called “Mortgage Fraud Unit”; the name was changed to reflect our priority of helping the property owner. Free Property Fraud Alert –This alert system is the best way homeowners can police their own title. Went from about 500 signups in prior two years to over 9,800 in 2013.What has ccrd Done so far?7Slide8

Staff Training – brought in a national expert on sovereign citizens and provided guidance to staff on detecting/flagging possible fraudulent documents.

Intergovernmental Partnerships

– We have monthly meetings with the County Sheriff’s Office, and are working with Chicago Police and the FBI to assist with investigations.

Legal Associations - Working with professional groups located within Cook County and statewide to bring awareness to the issue.8What has ccrd Done so far? ContinuedSlide9

CCRD has two full-time investigators/caseworkers, and we will soon add a third person to oversee the department.

The Property Fraud Unit was moved from a hidden corner on the 2

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floor of the office to a prominent location on the Main Floor to increase visibility.Our Property Fraud Unit actually helped coordinate the multi-agency law enforcement response that led to the arrest of a scammer who tried to boot an elderly woman from her home.A STRONGER FRAUD DEPARTMENT9Slide10

The first step is education. Most aren’t aware how a Recorder’s Office works, and how the ministerial nature of the office makes it easy for determined scammers to steal property.

Staff attends community events such as property tax appeal seminars to talk about the problem, as well as sign people up on the spot.

Created handouts, fliers, bookmarks, and a Property Fraud Video. The website was redesigned to highlight our Property Fraud Alert System.

PROMOTING FREE PROPERTY FRAUD ALERT10Slide11

PROMOTING FREE PROPERTY FRAUD ALERT11Slide12

PROMOTING FREE PROPERTY FRAUD ALERT12Slide13

Our online resources

http://CookRecorder.com

Sign up for PFA

How to check your deedHow to sign up for PFAContact Fraud Unit13Slide14

HB 2905 (PA 98-99)

– Makes it a Class 4 Felony to knowingly record a document that clouds a title if the value of the cloud is over $10,000, or the act is a 2nd

or subsequent offense. See

720 ILCS 5/32-13.Gives prosecutors an incentive to pursue cases & helps deter persons from clouding their own titles. HB 2269 (PA 98-29) – Reauthorizes a Cook Co. program that requires notaries who validate real estate transfer transactions to keep a Transaction Record and forward a copy to our office and extends several sunset provisions through July 1, 2018. See 5 ILCS 312/3 – 102; 5 ILCS 312/3 – 104; 5 ILCS 312/6 – 102.New Legislation to Fight Fraud14Slide15

HB 2832 (PA 98-98) – “Review and Refer” - Gives Recorders the option to partner with their county

administrative law system to expedite and remedy clear

cases of fraud. Once adjudicated as fraudulent, the Recorder will add a notice to chain of title notifying all to disregard the recording in question.

See 55 ILCS 5/3-5010.5. New Legislation to Fight Fraud continued15Slide16

16ABOUT THE REVIEW/REFER LAW

The “Review and Refer” law was initiated because the status quo for victims was unacceptable.

It is meant for documents meeting the clearly defined “red flags” to be deemed fraudulent– for example, an abusive lien that claims homeowner owes $800 million in silver would trigger a review.

It can also be utilized if the document contains clear forgeries, or if a notary attests that they did not validate.This new law creates an expedited review process by an administrative law judge, where they make a finding as to the documents validity.Slide17

Does NOT give discretion to refuse or “un-record” documents that meet statutory muster.

This

new law

preserves due process for the alleged filer, and also preserves all recordings in the chain of title.Nothing in the law requires the victim to use this review and referral process; private rights of action are preserved for victim and filer. CCRD cannot refer without signed authority from victim, meaning CCRD cannot unilaterally decide to refer a document.17ABOUT THE REVIEW/REFER LAWSlide18

18Benefits of THE REVIEW/REFER LAW

Transfers the burden of justice to the criminal, and off the victim

Frees up docket space in chancery court for legitimate property disputes

Ability to salvage real estate transactionsReduces the ability of sovereign citizens and other offenders to use paper filings as a weaponSlide19

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World premiere!Frontline anti-fraud training VIDEO

This video not yet available for public posting. Check back soon at

http://cookrecorder.com/fraud-unit/Slide20

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IDEOLOGYPosse Comitatus: Midwest 1970’s

“force of the county”Not subject to taxesNot citizens of the United States

Cannot be tried for crimes/no complainantCommon Law Courts

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IDEOLOGYDocumentationSocial Security Cards

Vehicle RegistrationsDrivers LicensesNon-Use Zip Codes

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UCC-107 Uniform Commercial Code 810 ILCS 5/Punctuations in Names

14Th Amendment Citizen

Organic Citizens

IDEOLOGY27Slide28

SYMBOLS

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SYMBOLS

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EXTENSIONS / PREFIX / SUFFIX EL

BEY

ALI Noble©30Slide31

StrawmanDe facto governmentConveyanceUCC

Aboriginal[zip code] or near zip code

Free manMan on the land

Common lawDoe: John John Doe, Executive Trustee for the Private Contract Trust known as JOHN DOE©IDENTIFIERS31Slide32

Posse Comitatus

Late 1970’s

Randy Weaver

Ruby RidgeAug 31, 1992NOTABLE SOVEREIGN CITIZEN ACTIVITYBranch DavidianWacoFeb 28-Apr 19, 1993Apr 19, 1995McVeigh/NicholsOklahoma CityMontana FreemenMarch 25, 1996Jerry & Joe KaneWest Memphis, AkMay 20, 2010Timeline32Slide33

VIOLENCE AND TERROR

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A term to refer to the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal documents lacking sound factual basis as a method of harassment, especially against government officials.

PAPER TERRORISM

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http://www.dailymail.co.uk/news/article-2019520/Little-known-American-sect-Moorish-Science-Temple-spotlight-thanks-rash-bogus-court-filings.html Christopher Bennett-Bey grand sheikh Charlotte temple

Moorish Science Temple of America

ARTICLE BY RACHEL QUIGLEY

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From New Jersey to California, police, courthouse officials and real estate agents are being confronted with a baffling new problem: bogus legal documents filed by people claiming to follow an obscure religion called Moorish Science.

ARTICLE BY RACHEL QUIGLEY

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The bad filings include deeds, liens and other documents, often written in confusing pseudo-legal jargon and making outlandish claims about being exempt from U.S. law.

ARTICLE BY RACHEL QUIGLEY

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In some cases, filers have actually moved into foreclosed houses and changed the locks.

ARTICLE BY RACHEL QUIGLEY

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As long as a legal document is properly formatted, county officials have to file it alongside valid paperwork, according to Mecklenburg County Register of Deeds David Granberry.

Having a bogus lien or deed legally purged requires the county — or the subject of the lien — to go through a potentially lengthy process that often involves hiring lawyers. A document with a $50 filing fee can easily end up costing the county $2,000, Mr Granberry said.

ARTICLE BY RACHEL QUIGLEY

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They literally believe that if you lowercase the "u" in the phrase United States, you will break the bonds of government tyranny and become a free man, said

Mark

Potok, the expert with the Southern Poverty Law Center.

ARTICLE BY RACHEL QUIGLEY40Slide41

MOORISH SCIENCE TEMPLE OF AMERICA

Noble Drew Ali

Born

: Timothy DrewJanuary 8, 1886North CarolinaDied: ChicagoJuly 20, 1929Canaanite Temple Newark 1913Chicago 1925… Midwest “closer to Islam”Temple No. 9 192641Slide42

Love

Truth

Peace

FreedomJusticeMOORISH SCIENCE TEMPLE OF AMERICA42Slide43

ALL ARE NOT ALIKE

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‘Moorish National’s’ Spectacular Escape Ends in IgnominyThe prolific bank robber and self-professed “Moorish national,” a black nationalist version of the radical and growing antigovernment “sovereign citizens” movement, made a daring jail break from a federal high-rise lockup in downtown Chicago a week before Christmas.Joseph Banks,

37, and his cellmate, Kenneth Conley, 38, were both awaiting sentencing for separate bank robberies when they broke through a window and part of a wall in the predawn darkness of Dec. 18 2012. Then they rappelled 15 stories down the side of the 28-story jail, using a rope fashioned from bed sheets.

And why not break out? Sovereign citizens believe they are not subject to most federal tax and criminal laws.

Intelligence Report, Spring 2013, Issue Number: 14944Slide45

Joseph Banks

Kenneth Conley

Intelligence Report, Spring 2013, Issue Number: 149

‘Moorish National’s’ Spectacular Escape Ends in Ignominy45Slide46

Court Security Improvement Act of 2007 566 Title 28 U.S.C.

False Liens Against Federal/Government Employees 73 Title 18 U.S.C.

Disclosure of Personal Information To Incite

7 Title 18 U.S.C.COMBATTING PAPER TERRORISM46Slide47

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Don’t assume fraudulent activity is taking place because of color, race, religion etc.

A red fez does not always indicate the wearer to be Moorish or a person committing fraud.

Frontline personnel should be concerned with the

behavior of the person and the state of the documentation. Don’t Profile49Slide50

TO RECORD OR NOT TO RECORD?

ZIP CODE

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HANDLING POSSIBLE HAZARDS

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HANDLING POSSIBLE HAZARDS

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us on

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: search “Recorder Yarbrough”CookRecorder.com STAY IN TOUCH…53Slide54

Thank you!We are trying to be green

, so instead of handouts, you can download this presentation and videos at http://CookRecorder.com/PRIA

If you have questions, please catch us after or join us tomorrow morning @ 8am for a Property Fraud Breakfast Roundtable.John.Mirkovic@CookCountyIL.gov312-590-501354