Bulletin: SLS2009013

Date:
October 08, 2009
To:
All Issuing Offices
RE:
Fraudulent Reconveyance Documents

Dear Associates:

Fraudulent documents entitled "Full Reconveyance (Without Relinquishment of Debt)" have appeared in the public records in Clackamas County, OR. (See attached examples ). These documents create the false impression that the underlying deed of trust has been reconveyed. They purport to release the lien of recorded deeds of trust from the title to underlying property. The examples relate to property located in Oregon, but the practice may be more widespread.

Red Flags related to this scam include the following:

  • Recital stating that "all of the obligations secured by the Deed of Trust may not have been fully satisfied";

  • Execution by a "Trustee with Power of Attorney by Tacit Agreement";

  • References to a "tacit agreement for non-compliance penalty" and to the "Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e)."

The attached examples involve the entities and persons described below. However, the scheme can be perpetrated using any names and return addresses.

SafeHaven Foundation
Safe Haven Foundation
R. J. Humpel, of Calimesa, CA
Wesley Ream

As a reminder, all release/reconveyance documents must be reviewed regardless of how they may have been indexed in the recording process, in order to avoid loss from this type of scam.


Examples ofFraudulent "Full Reconveyance (Without Relinquishment of Debt)" (Click to View)


If you have questions relating to this bulletin, please contact Stewart Legal Services or your local underwriting personnel.

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THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None