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Bogus Filing Tactics: A Primer Bogus Filing Tactics: A Primer

Bogus Filing Tactics: A Primer - PowerPoint Presentation

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Bogus Filing Tactics: A Primer - PPT Presentation

Paul Hodnefield Corporation Service Company The Honorable Elaine Marshall North Carolina Secretary of State Trevor Timmons Colorado 38 th Annual Conference Savannah Georgia Method ID: 679506

key filing person record filing key record person statement enforcement action support office filers filed north carolina information fraudulent amp party file

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Slide1

Bogus Filing Tactics: A Primer

Paul Hodnefield, Corporation Service CompanyThe Honorable Elaine Marshall, North Carolina Secretary of StateTrevor Timmons, Colorado

38

th

Annual Conference – Savannah, GeorgiaSlide2

Method

2Slide3

Clues?

3Slide4

Harassment

4Slide5

Estate

5Slide6

Trust

6Slide7

Address

7Slide8

Amount

8Slide9

General Observations

Lenders are Most Common TargetUCC record serves as basis for defense in foreclosure actions or for proactive litigation.Often names other persons that play a role in the foreclosure process.Harassment is Also Common

Used against businesses or individuals that have crossed the perpetrator.

9Slide10

Preemptive Measures in North Carolina

North Carolina General Statutes§ 25-9-516. What constitutes filing; effectiveness of filing.

(b)(8) In the case of a record presented for filing at the Department of the Secretary of State, the Secretary of State determines that the record is not created pursuant to this Chapter or is otherwise intended for an improper purpose, such as to hinder, harass, or otherwise wrongfully interfere with any person. § 25-9-518. Claim concerning inaccurate or wrongfully filed record.

(b2) Statement by Secured Party of Record. - A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under G.S. 25-9-509(d).

(b3) Contents of Statement Under Subsection (b2). - An information statement under subsection (b2) of this section must:

(1)        Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;

(2)        Indicate that it is an information statement; and

(3)        Provide the basis for the person's belief that the person that filed the record was not entitled to do so under G.S. 25-9-509(d

).

North Carolina takes a proactive approach to fraudulent filers

North Carolina also has a “do not file” list, provided by the federal courts

10Slide11

ULC Hip Pocket Amendment

Developed as an alternative to non-uniform bogus filing legislationIt is not intended to replace existing bogus filing lawsThe amendment introduces the concept of a “trusted filer.”

This is a person that regularly files with a filing office and has provided the office with current contact information sufficient to establish its identityThis person has been issued credentials to access online filing services or has established a prepaid or direct debit account for payment of filing fees.It also provides a mechanism for a person identified as a debtor to file an affidavit of wrongful filing.When the filing office receives such an affidavit, there are set procedures to follow to terminate the filing, including sending notice to the secured party of record

Secured party may bring a court action and the amendment provides rules and procedures in the event of court-ordered reinstatement

There is a filing office administrative review prior to termination of a record submitted by a trusted filer.

11Slide12

2015 Legislation

IndianaPassed bill that requires court approval to file a common-law lien against a public official.UtahHip Pocket Amendments (“HPA”) enacted.

MarylandEnacted law with similar concepts to HPA.New JerseyPassed bill that adds reasons for rejection and exempts records filed by a “registered organization.”

12Slide13

2015 Pending Bills

CaliforniaGives counties more authority to reject potentially fraudulent UCC records.MaineProvides additional reasons for rejection.

New York, Nevada and Kansas Bills revise civil and/or criminal penalties for filing fraudulent UCC records.PennsylvaniaProvides for administrative hearings on fraudulent UCC records.

13Slide14

IT Resources

Disclaimer!I’m not talking about “strawman” filers specificallyMany resources already available (including from my esteemed co-panelists)I

am talking about detection and response in the digital world

14Slide15

Three Keys

Key #1: Know (what is happening on your website)Key #2: Take Action (based on what you are permitted to do)

Key #3: Support Enforcement (whether internal or outside your office)

15Slide16

Key #1

Know your Filers & Your Filing SystemThis used to be easyMove to online makes this harderBut, all is not lost!

16Slide17

Develop a Baseline

Key #1

Know your Filers & Your Filing System

17Slide18

Identify Anomalies

Key #1

Know your Filers & Your Filing System

18Slide19

Investigate (in the graph below, “visitors” #2-7 are each between 130k and 88k visits)

Key #1

Know your Filers & Your Filing System

19Slide20

Block and apologize later

Key #2

Take Action

20Slide21

Collect InformationFiling information

IP addressPayment informationOther filings associated with findings

Key #2

Take Action

21Slide22

Contact Appropriate Security Team(s)State

AgencyContact Law EnforcementState Bureau of InvestigationState Attorney GeneralSecret ServiceU.S. Attorney

Key #2

Take Action

22Slide23

Consider Contacting Advocates for Victims

Consumer ProtectionIdentity Theft UnitCoordinate with Law Enforcement

Key #2

Take Action

23Slide24

Key #3

Support EnforcementFollow their Lead

24Slide25

Affidavits

Key #3

Support Enforcement

25Slide26

Credit Card IssuersBanks

Key #3

Support Enforcement

26Slide27

Develop a Process

Key #3

Support Enforcement

27Slide28

Stick with It!

Key #3

Support Enforcement

28Slide29

Wrap Up

Develop KnowledgeDo What you CanEstablish Relationships

29