Be Aware of Real Estate Fraud !

I just read this great article on real estate fraud and thought I would share some of the key points of it with you.  Well worth the minute or two to read.  Knowledge is power.  I hope you enjoy it.

While real estate is often considered a safe investment, it is also a fertile ground for fraudsters and con artists who want to take advantage of unsuspecting investors. Peter Mitham reports.

While real estate is often considered a safe investment, it is also a fertile ground for fraudsters and con artists who want to take advantage of unsuspecting investors. Peter Mitham reports

Some deals are too good to be true, and quite often, unsuspecting investors will look for that quick and easy investment opportunity. While a fraudulent offer may look good on the surface, it offers you something that was never available in the first place or takes from you what is rightfully yours.

While the incidence of real estate fraud may increase in good times and in bad times, the real increase in frauds affecting investors, landlords and property managers has come with the increasing use of online technologies to buy and sell properties and secure tenants.

“On the Internet, no one knows you’re a dog,” runs the punch line to the cartoon of a canine keyboarder, and the same holds true of transactions. The dogs bark as loud as the stars, but caveat emptor requires an extra level of savvy and due diligence to distinguish between the two and hopefully avoid trouble.

Regulators in each province track mortgage- and title-related fraud, and Better Business Bureaus track other types, but mortgage-related fraud alone regularly tops $300 million a year in Canada. When frauds of all types relating to real estate are factored in, the tally is easily more than $500 million annually. It’s a cost investors as a whole can ill afford. Here are some of the common types, and ways to recognize, avoid and recover from them.

Real estate frauds to beware of

1. Title fraud

The most common type of fraud for shelter is title fraud, in which someone fraudulently obtains title to a property for their own purposes. Awareness of this type of fraud is elevated by title insurance brokers, who have a vested interest in promoting awareness of this kind of real estate fraud. The insurers stand to lose money if a claim is made, so it’s in their interest to sell title insurance as protection. Some provinces and most lenders accept title insurance in place of obtaining verification of clear title in a transaction, however, this can potentially defer resolution of issues until a problem becomes apparent.

Risks to clear title include a fraudster securing access to a property using fake identification and a forged signature. This has been a particular risk in the past where a common combination of first and last names is used to obtain title to properties without arousing suspicion. One notable case in B.C. saw a dozen properties accumulated by the fraudster before the scam was stopped.

Such properties are either resold for the proceeds, or used as security to tap a mortgage for the value of the property. Tips that such a fraud is occurring may include the failure of tax assessments and other notices associated with the property to arrive, or the discovery of a second mortgage on the property.

To reduce the risk of becoming the victim of such a scam, the Better Business Bureau recommends property owners take steps to avoid identity theft, including the secure storage of all personal information and the shredding of such documents when they’re no longer needed.

2. Tenants on title


It’s not just property owners that can be subject to fraud for shelter. Unscrupulous tenants can also con landlords, and vice versa. The Better Business Bureau recommends that landlords verify the identities of all prospective renters and to check properties regularly to protect themselves against “Trojan” tenants that can gain a landlord’s confidence only to perpetrate a scam.

Similarly, tenants should ensure that their own personal information is not being mined to saddle them with payments on a property they only intended to rent.

The scam typically involves a real estate agent working in conjunction with a mortgage broker who is actively searching for individuals for use as straw buyers. The individuals, either knowingly or unknowingly are placed on title.

The mortgage broker provides the down payment through a subsidiary company and arranges for false documents that place the straw buyer on title. One search of one mortgage broker’s files in British Columbia found just one legitimate title in 50. The rest were either victims of identity theft or tenants who didn’t realize they were on title for the properties they were occupying.

3. Home equity scams


Cash-crunched property owners are particularly vulnerable to pitches that offer to reduce debt loads or tap property equity to consolidate debts. While there are legitimate means of tapping property equity, the Better Business Bureau warns investors against offers that invite owners to embellish their application by exaggerating income or down payment sources in order to secure a larger loan. This does the fraudster’s dirty work for them, and leaves the unfortunate investor on the hook.

Common come-on lines include “We’ll save your credit” or “We will get you a new mortgage with low monthly payments,” but may come at the cost of title through a “quit claim deed” not to mention finances. While savvy real estate investors may steer clear of such risks, the Better Business Bureau notes that fraudsters have many sophisticated ways of luring novices into signing documentation that could harm them financially.

Contracts that truly reduce one’s liabilities or restructure one’s debts should include clauses formally releasing the property owner from past obligations and the assumption of new obligations, otherwise the owner might be on the hook for both.

4. Overpayment schemes


One scheme that has become common with the rise of online marketing has been overpayment. The real estate version of the scam sees a fraudster overpay for rights to a property, either as a purchaser or tenant. The commitment is then withdrawn on account of extenuating circumstances. The base deposit is then requested and the fraudulent investor seeks repayment of funds that were fraudulently delivered in the first place.

Typically, someone will call from outside of Canada and establish a personal relationship with the owner of the property. The property is needed within a short timeframe, and the alleged commitment is backed up by a significant deposit. A cheque arrives and is duly deposited, but the scheme takes advantage of the extended clearing period applied to overseas cheques. Shortly after the cheque arrives the party that sent the cheque contacts the property owner to say a family tragedy or some other dramatic change of circumstances has required a change of plans. The deposit, less the overpayment, is requested and the property owner is typically glad to have the overpayment as compensation for the loss.

The bank eventually notifies the property owner that the original cheque bounced, leaving the owner out of pocket.

The most common victim of overpayment schemes are landlords, who accept large cheques from parties overseas who back out of the lease and leave the landlord on the hook for the base sum.

5. Listing frauds


Another common scheme hitting landlords is the false listing, in which a property listing is posted on a popular (and usually free) listings service such as Craigslist or Kijiji. The ad attracts tenants who make a deposit on the rental listing, sometimes even at the property that’s alleged to be for rent, but the property isn’t actually available.

The scheme is recognizable – to prospective tenants, at least – because the fraudsters typically can’t provide access to the properties. An excuse why tenants can’t see the property is given, or (in a reverse twist to overpayment schemes) deposits are collected from tenants who plan to come to the city. The properties are also typically listed at well below market rents to attract tenants.

Since a real address is typically given, the Better Business Bureau advises landlords to scout listings and use Google to perform text searches to ensure that their properties and listings aren’t being used by fraudsters.

6. Misrepresentation


Most landlords have good reason for not wanting certain activities in their properties – massage parlours, meth labs and marijuana grow ops, to name a few. They’re subject to municipal bylaws in many areas and, in the case of drug production, cause significant damage to the properties themselves.

Organized criminals require space for their activities, however, and in many cases straw tenants will be put forward to secure access to suites — in some cases, groups of suites – for criminal purposes. This is a growing problem for both landlords and the councils of condominium buildings that allow owners to rent units.

While monitoring power usage by tenants isn’t possible for many apartment owners, the occurrence of excessive moisture is a tell-tale sign that something may be amiss. In addition, the regular inspection of properties – in some cases, with special drug-sniffing dogs – can help identify when a fraud has been perpetrated. Screening tenants and ensuring that tenant behaviour conforms to what was expressed during pre-leasing interviews can also help reduce the risk of misrepresentation and fraud for criminal purposes.

7. Home renos


One of the common types of real estate-related fraud Better Business Bureaus across Canada see is the home improvement fraud. Seniors and recent immigrants are the usual target of such scams, which offer services ranging from furnace inspections to paving.

“Once they get into the home, they claim that the person’s furnace is leaking poisonous gases and should be replaced immediately.”

A recent case in Vancouver saw someone allow these fraudulent contractors to take out a brand new furnace and replace it with an inferior model for above the cost of the new furnace. The furnace that’s been removed may in turn be offered for resale.

“These unscrupulous contractors have convinced landlords to do some major repairs such as balconeys, roofs, plumbing. They offer a really low price and once accepted the landlord is left with damage to their building, many times, uncompleted work and the contractor has disappeared.”

A corollary to this kind of fraud is hiring contractors that claim to be registered and have insurance, but in fact have falsified the documentation. If one of their workers is injured on their property and the contractor does not have provincial workers’ compensation, the landlord may be on the hook for costs associated with the injuries.

Damages from inept work also falls to the landlord when contractors don’t have insurance, which is typically required for all municipally registered and permitted projects.

Protect yourself


Investors who find themselves at risk or victims of fraud have recourse, says Lynda Pasacreta, president and CEO of the Better Business Bureau, Mainland British Columbia. Pasacreta is the former executive director of the B.C. Apartment Owners and Managers Association, and understands the risks property investors face from fraudsters.

“If it’s too good to be true, it probably is,” Pasacreta says, recommending that investors and property managers do their due diligence whenever they’re presented with an offer.

She offers tips that apply to any transaction or business relationship, whether a lawyer,accountant or contractor.

“Get three quotes, check with the Better Business Bureau to ensure you are dealing with a reputable company, ask for referrals and ensure that contractors are carrying the proper licensing,” she says. “Don’t succumb to high pressure tactics.”

Protecting oneself from identity theft is key. Those saddled with title to a property they haven’t bought can challenge the title with the province’s land titles office with the help of a real estate lawyer. Regular monitoring one’s credit rating to ensure debts are in order, and no outstanding concerns exist is also important. Repairing a damaged credit rating includes informing ratings agencies and financial institutions of any irregularities and, in some cases, working with a credit counsellor to eliminate bad debts.

There are three key types of real estate fraud.

1. The first, fraud for shelter, includes securing title to a property through the use of inaccurate or false documents.

2. The second, fraud for profit, typically involves falsification of documents to inflate a property’s value or otherwise secure a mortgage that’s significantly above a property’s actual worth. Alternatively, the property may be flipped through a straw buyer for a value higher than the original purchase price. The fraudster enjoys the apparent lift, while the conned parties end up with a property worth less than they thought.

3. A third type of fraud is the acquisition of a property by a purchaser or tenant for purposes other than its intended use – usually a marijuana grow op, meth lab, or other criminal activity. Alternatively, fraudsters may target a property for fraudulent activities such as specious home renovations and the like.



Protect your Privacy when Selling Your Home

YOUR PRIVACY AND SECURITY WHEN SELLING YOUR HOME

Numerous people are likely going to spend a considerable amount of time browsing through your home while it is on the market. If you are living in the home while it is for sale, your personal things will be on show too. Your privacy and security may become an issue when showing your home, so it is important to consider all your options before you welcome someone into your home.

For many individuals, it is very important for them to protect their privacy, while others are simply concerned that buyers will make assumptions about them and judge them instead of simply judging their home. However, the importance of protecting your privacy is all the same and that goes for anything personal from financial information, such as cheque books to bank statements and personal letters.

Protect your documents
Keep in mind that a potential buyer may open cabinets or drawers-this is not considered snooping. Buyers can innocently tug on a drawer to inspect its construction or depth and find important documents that you might not intend for anyone to see.

Don’t leave mail where anybody can find it
Many sellers make the mistake of leaving piles of opened mail neatly stacked on the kitchen counter or somewhere else in the home. By leaving your correspondence out on the table, a potential buyer can find out about your credit card debt, whether you have filed for bankruptcy and other private information that you probably don’t want the seller to be aware of. Not only is this an invasion of your privacy, it can also change the offers that you receive from buyers. If you have a stack of mail from a collection agency, the buyer will know you are desperate to make a sale and will likely propose far under the list price.

Remove personal effects from your walls
From diplomas and religious artifacts to wedding certificates and personal photos, don’t provide buyers with any personal information about yourself or your family. De-personalizing is also an important move to make when staging your home for sale anyway, so you can actually accomplish two things by removing the personal effects from your home.

Don’t leave your computer up and running during showings
Gaining personal information from your computer takes only minutes for a professional hacker or thief, so be proactive and turn your computer off before potential buyers arrive.
Before you put your home on the market, empty out drawers, stage closets and pack up anything personal including medications.

Disassociate yourself with your home-remind yourself that it is a house-a product to be sold on an open market that is bound to see plenty of new faces throughout the term of the selling process.

Consider renting a safety deposit box at your local bank and store away your jewellery and other valuable items. It is better to be safe than sorry.

Michelle Makos, RE/MAX First Realty Ltd.

5 Top Selling Mistakes

Thinking of Selling Your Home?

What are the five most common mistakes people make when listing their home for sale?   Look and listen?
Have a question?  Call me or email me at michelle.makos@rogers.com.    If you would like a free home evaluation, let me know.   I am here if you need my help. 

2013 HOUSING OUTLOOK according to RE/MAX

Are you thinking of selling and need to know what your home is worth?
Are you looking for your Dream Home?
I am a full-time experienced Durham Realtor – Let’s talk !

PICKERING – AJAX – WHITBY – DURHAM REGION

Real Estate is my ONLY business !

NEED SOME REAL ESTATE ADVICE, HAVE A QUESTION?

Let me help you.  Call Michelle Makos for a private no obligation consultation.
Estate sale, divorce, quick sale, investment property and more.
For all your Durham Real Estate Needs.

What affects my credit score you ask?

WHAT IS USED TO CALCULATE MY SCORE?

  • Payment History indicates whether you have made your credit card payments, loan payments on time
  • Amounts Owed – Compares how much you owe to your credit limits with various lenders
  • Length of Time in File – Indicates how long you have had credit accounts
  • New Credit – Shows how often you are seeking credit and how you handle accounts newly opened
  • Type of Credit – Considers the types of loans you are seeking, car loans, lines of credit, credit cards,   finance companies etc….
Should you need more information, please don’t hesitate to email me at michelle.makos@rogers.com.

Looking for a lawyer to close your real estate deal?

NEED A REAL ESTATE LAWYER?

You know, more often than not, once the real estate transaction is complete, many buyers look at me with a blank look on their face when I ask them what lawyer they plan on using to close their deal.   Probably because they are so caught up in the excitement of buying the house and financing, etc … but having a lawyer that you can work with and trust is key.

I have a few lawyers I prefer but one that I find is “above the rest” is Zinati Kay…. they are diligent, polite and most of all, go above and beyond.  They are never to busy to answer a question or get back to you with information.   I have attached a link to their website and I highly recommend their services.  Their prices are very competitive. 

http://www.zinatikay.com/0000pg.asp/ID/4636/SID/320

Next time you are looking for a lawyer for your real estate transaction, consider giving them a call.  I am sure you won’t be disappointed.  My clients never are.

I had a townhouse condo that was closing in less than 2 weeks and anyone in real estate knows with status certificate and other issues, that is a quick turnaround.  Many lawyers won’t even consider taking on such a daunting task.  I emailed the offer to them and they were on it.   I always like to give credit where credit due !   Thanks John Zinati and team (special thanks to Victoria and Samantha)  for all your hard work and effort. 

Let’s Go ARGOS !!

Well my friends, it is Grey Cup Sunday !!!   No open houses today…. just good ole’ fashioned football !!
LET GO ARGOS !!!
Toronto needs something to celebrate … its been a while.
So jump on the Argo Bandwagon and join the party !!!

TORONTO – An epic battle between east and west is set to unfold in Canada’s largest city today, as the Toronto Argonauts face off with the Calgary Stampeders for the 2012 Grey Cup championship title.

More than 52,000 CFL fans from across the country are expected to pack into Toronto’s Rogers Centre for the 6 p.m. kickoff in the high-stakes 100th anniversary game.

Prime Minister Stephen Harper, Ontario Premier Dalton McGuinty, Toronto Mayor Rob Ford and Calgary Mayor Naheed Nenshi are among the dignitaries expected to be at the match, which will feature an anticipated half-time show with Canadian rock legend Gordon Lightfoot, teen idol Justin Bieber, pop star Carly Rae Jepsen and pop-punk band Marianas Trench.

Harper, who is originally from Toronto but whose political riding is in Calgary, has already announced that he’ll be cheering for a Stampeders win in the centennial game.

Even the two mayors have made a public bet, with the loser promising to donate his weight in food to a food bank and wear the winning team’s jersey to a council meeting.

Both the Argos and the Stamps have a lot on the line when the pigskin flies today !

Calgary hasn’t won a Grey Cup since 2008 and Toronto, struggling to increase its fan base, has not won the coveted trophy since 2004.

TODAY IS OUR DAY !!!   ITS ARGO DAY !!!   Get out and cheer on our Toronto Argos !

Testimonials!! Thank you !! Importance of Using Them for Your Business !

Firstly, I want to personally thank all my present and past clients who have taken the time to write a short testimonial on my behalf.  Future clients are always given a little book and I always include my latest testimonials with contact information.  

As a Realtor, I think new clients always are skeptical of salespeople in general and sometimes just a short wee note from someone who has worked with you before, sets their minds at ease.  The rest is up to you.

Here is a few that I have received over the years and they are on my website for anyone to view.




http://www.michellemakos.com/4a_testimonials.php
Courtesy of Michelle Makos’ Clients

Michelle Makos’ Testimonials        

If you are a Realtor, encourage your clients to evaluate your efforts.   It is always nice to hear what they think of the experience as well as useful in future marketing.

It goes back to the same old thing.  People may not remember WHAT you said, BUT they will always remember, HOW you made them feel !!

Treat every client like they are your only one !!  You won’t be disappointed with the results and neither will they.

To your success everyone !
Cheers
xo

What Every Home Buyer Should Read !

WHAT BUYERS NEED TO KNOW !

Most people are familiar with hiring a real estate agent to sell a home, but fewer are aware that as buyers, they are also able to hire an agent to work diligently, protect their interests and find the best possible property for the best possible price. Many people assume that the best person to call when interested in a property is the listing agent, when this is not the case!
Buyers often approach the task of finding a new home by calling the number on “For Sale” signs, searching real estate magazines & newspaper ads and using web sites such as Realtor.ca. What they may not realize is that by contacting the listing agent directly (the name on the “For Sale” sign or the ad), they are actually calling the agent who’s first and foremost responsibility is to protect the interests of the seller!

This is not to say that you cannot buy a home from a listing agent …. they are licensed professionals and are obligated to work with a buyer in a fair, honest and ethical manner as their customer, but they do not necessarily owe buyers the fiduciary duty that they owe their client, the seller. Without a signed Buyer Agency Agreement, anything that you disclose to the listing agent about your budget, motivation or otherwise, can and will be used to benefit the position of the seller during negotiations.

What is a buyer to do?

Hire your own Buyer Agent! You can interview potential buyer agents and choose the one who you feel will work the hardest for you, has the best track record, and whom you feel comfortable with. Furthermore, a buyer agent’s services are almost always paid out of the gross commission that the seller has paid to their listing brokerage!

When you have found the sales representative that you want to work with, you will sign a contract called a “Buyer Agency Agreement” which legally obligates your agent to provide you fiduciary duty, confidentiality and to protect your interests and motivations. In return, you agree to work solely with your agent for the time period stated therein, and allow them to collect their commission from the sale of the property that you purchase.

Once you have chosen your Buyer Agent, you will be in a much better position to find the best property for you. Many listings are sold before the “For Sale” sign ever goes up and there is a time lag between realtor’s MLS and the public MLS website, so your Buyer Agent is able to notify you about a hot listing before it hits the public portals. Once your agent understands your preferences, they will also keep their eyes open for you as they inspect properties daily. Remember that during the day, while you’re at work, your agent will be out inspecting and comparing properties to find you the perfect fit! In addition to helping you find a property, a good agent will also be able to help you with things such as mortgage pre-approvals, lawyers, insurance, and home inspector referrals.

Buying a home can be an intimidating task. Hiring a Buyer Agent to guide you through this process is one of the best ways to ensure that you will be prepared to make a confident and informed decision when the time comes to place your offer.
For more information, please call Michelle Makos at 905-831-3300 or 416-300-3004 or email at michelle.makos@rogers.com

I just received this amazing testimonial !

Thank you so much Bill for taking the time to write this !  The pleasure was all mine !

I was moving from Kingston to the Toronto area, and had no idea about where to find a good agent to assist me. I was contacted by various agents in the Pickering/Oshawa area, but one stood out above the rest. That was Michelle.

I knew immediately that here was an agent who was really on the ball, and who was trying very hard to help me. I made an appointment to see some homes with Michelle, and I was overwhelmed by her knowledge of the market, her concern about finding exactly what I wanted, and above all her honesty.

She called them as she saw them, and she showed a genuine concern for finding a good home for me in my price range. At no time did she suggest any property which was above my range, or to downplay any deficiencies in homes we saw.

She was a person who I could trust implicitly to work on my behalf. Besides all that, she has a great personality, and I can say that I enjoyed very much what could have been a stressful experience. I ended the day by buying the house that was exactly what I wanted.

I would highly recommend Michelle to anyone as I believe without a doubt that she has to be the best real estate professional in the Toronto area.

~Bill Thorkelson~