Skip to main content

Property Fraud on the increase

The Daily Mirror in an article entitled How Mortgage Fraudsters Stole Our Mother's House last week highlighted a recent case where crooks have managed to sell a house from under the noses of the real owners - who warn the same fraud could happen to anyone.

In March 2009 a BBC reporter wrote to Land Registry, claiming to be the owner of an unmortgaged house in London. Using a bogus signature, the reporter asked for the property's correspondence address to be changed to Liverpool. Land Registry wrote to both addresses confirming the change to be made in 21 days. The owner was known not to be resident at the London address and so no objection was raised. Having been successful it would have been left open to commit a fraud.

Although not clear form the Mirror article, critical to many of these scams is the use of stolen identities. According to many conveyancing solicitors specialising in the field, the key context for the problem was the dash into deregulation and e-commerce at the turn of the century.

“There was a view throughout the profession that the abolition of documents of title and reliance upon electronic records would contribute to fraud. And so it has proved,” Samson says. “All this information is open to view through the internet so a fraudster can see exactly who owns a property, assume his or her identity and then sell it.”

Comments

Popular posts from this blog

Argie Bargie over Home Information Packs

In response to a question from Conservative MP David Amess on what methodology would be used to use to evaluate the effectiveness of the Home Information Pack programme, Communities and Local Government Minister Ian Austin was involved in heated argument. The wording of the debate ( reported in Hansard ) makes interesting reading, so I thought I would share it with you : Mr. David Amess (Southend, West) (Con): What methodology his Department plans to use to evaluate the effectiveness of the home information pack programme; and if he will make a statement. Mr. Andrew Mackay (Bracknell) (Con): What methodology his Department plans to use to evaluate the effectiveness of the home information pack programme; and if he will make a statement. Mr. David Jones (Clwyd, West) (Con): What methodology his Department plans to use to evaluate the effectiveness of the home information pack programme; and if he will make a statement. The Parliamentary Under-Secretary of State for Communities and Local...

Paperwork is not a shield: Why your SRA aml audit demands more than just a dusty manual

The Solicitors Regulation Authority continues its aggressive crackdown on financial crime with a recent fine issued against Whiteheads Solicitors (Staffordshire) Ltd . This decision serves as a stark reminder that the regulator is looking far beyond simple paperwork during an SRA aml audit . The firm was fined 2,584 GBP plus 600 GBP in costs following an investigation into its compliance with the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017. While the firm had a firm-wide risk assessment and general policies in place, the SRA identified critical failures at the matter level. Key compliance failures included: Failure to conduct adequate client and matter risk assessments . The SRA found a consistent pattern where the firm failed to sufficiently assess client matter risk levels as required by Regulation 28. Inadequate scrutiny of source of funds . In one specific property transaction, the firm failed to properly investigate the origin of funds provided by ...

FCA AML Audit: The SRA Is Out, the FCA Is In

For years, law firms prepared for AML scrutiny with one regulator in mind: the SRA. That era is over. The UK Government has confirmed a fundamental shift in supervision. AML and counter-terrorist financing oversight is moving from the SRA to the Financial Conduct Authority (FCA). This is not a cosmetic change. It is a full regulatory reset. If your firm is still thinking in terms of an internal review, an FCA AML audit will feel very different, financially, operationally, and reputationally. What Makes an FCA AML Audit Different The SRA regulates professional standards. The FCA enforces financial crime controls. That distinction matters. An FCA AML audit is not designed to guide or educate. It is designed to assess risk to the financial system and determine whether enforcement action is required. This is precisely why firms can no longer rely on internal reviews alone. An FCA AML audit will expect to see independent challenge, most ...