Home Titles and the theft thereof

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Snattlerake

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Isn't there some kind of law that protects a home owner against someone stealing or attempting to steal a title or land deed?

If so, why would I have to pay some company to watch my title to my home so no one steals it? There should be some recourse for the homeowner even if the home has liens against it that were illegally obtained. Processes that would require absolute proof of who you are and the clearance of titles.

What say you?
 

kingfish

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Well there are general laws against theft of any type of property, but I understand what you are getting at here. It really needs to be dealt with at the county level. That is where county clerks process these Quit Claim deeds which is the instrument for home title theft. Laws required counties to accept these QCDs without questioning them even if they were suspicious. They must serve a useful purpose, but I am not knowledgeable about such transactions to explain why. The reason I say the county clerks office is where these things are transacted is where they can be stopped without further documentation or confirmation. Last year our county clerk announced they would no longer blindly file QCDs and investigate them to some degree, but didn't specify exactly what process they would now go through. I suggest you contact the clerk in your county and inquire about their current policy on processing these. If you don't like what they say, then maybe contacting your state reps. and see if state laws can be enacted to require more documentation that a single piece of paper with a forged signature on it. This is all that is required in OK.
 

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Shadowrider

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Well there are general laws against theft of any type of property, but I understand what you are getting at here. It really needs to be dealt with at the county level. That is where county clerks process these Quit Claim deeds which is the instrument for home title theft. Laws required counties to accept these QCDs without questioning them even if they were suspicious. They must serve a useful purpose, but I am not knowledgeable about such transactions to explain why. The reason I say the county clerks office is where these things are transacted is where they can be stopped without further documentation or confirmation. Last year our county clerk announced they would no longer blindly file QCDs and investigate them to some degree, but didn't specify exactly what process they would now go through. I suggest you contact the clerk in your county and inquire about their current policy on processing these. If you don't like what they say, then maybe contacting your state reps. and see if state laws can be enacted to require more documentation that a single piece of paper with a forged signature on it. This is all that is required in OK.
The county clerk is required to keep a record of all instruments filed. 99.9% of people have no idea that this is probably the most important governmental function of our society today. Their job is to be the "librarian of the records". In a lot of cases in other states the office is called "register of deeds" or something very close to that.

Them being required to register a legally executed instrument is as it should be, the problem is enforcement. I almost can't fathom someone filing a false deed as there is ALWAYS a trail back to the person that filed it. I mean someone owns it right? If it's a falsified record they know right where to go to execute the arrest warrant. And if they don't know a little digging by a detective will find them.

This title lock insurance isn't a complete scam I don't think, but it's very unnecessary, IMO. If you own real estate you should know exactly where your abract is or have a copy of it yourself in a safe place like a bank safe deposit box at an absolute minimum. Going to court to have the record corrected after someone stole your piece of property should be a slam dunk matter if there ever was one.
 

Dale00

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I often wonder about the service being touted to protect against my home being stolen someone filing false paperwork with the county clerk.
I do not know anyone to whom this has happened..... Do you?

Commonsense tells me it is a fake problem invented to generate income for a questionable service....and lowers my respect for the talk show hosts touting it.
 

Snattlerake

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I often wonder about the service being touted to protect against my home being stolen someone filing false paperwork with the county clerk.
I do not know anyone to whom this has happened..... Do you?

Commonsense tells me it is a fake problem invented to generate income for a questionable service....and lowers my respect for the talk show hosts touting it.
Newt Gingrich?
 

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