How to protect against property fraud, in a conveyancing Transaction
Posted on 22nd January 2024
From online scams, to receiving a telephone call from a fraudster, these days, we all need to be aware that they are out there- the tricksters, the conmen, the fraudsters. Chloe Cardwell, director at MG Legal, and conveyancing solicitor at our office in Lancaster, discusses the topic of fraud in a conveyancing transaction, and how all solicitors dealing with property transactions, should act.
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Fraud is a danger that we should all be mindful of, and can take many different forms, including property fraud. This can occur where a fraudster impersonates the registered owner of a property, buyer of a property, mortgage lender, or even their conveyancing solicitor. There are, therefore, numerous risks to be on the lookout for.
This is why our conveyancing solicitors in Lancaster, highlighting such important topics, could not agree more with recent plans that have been launched by Government, endeavouring to reduce corruption in the property sector.
Bearing in mind the risk of fraud in property transactions, only recently, in December 2023, consultations were launched to ensure that individuals have easy access to information about land and property ownership, by way of data that is stored across a range of public databases and registers. The ethos behind this being that, where information can be easily accessed and retrieved, this may assist in preventing fraudulent activity before it takes place.
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In addition, our solicitors in Lancaster have also noticed that HM Land Registry (HMLR), who hold records and deal with the registration of land and property in England and Wales, are also striving to take action. HMLR are currently piloting a ‘lawyer certification scheme’, also being labelled as an ‘assurance check’, as a way of seeking surety that the information lodged with them is legitimate, and trustworthy. This shall involve a process that requires acting legal professionals to confirm that the information being submitted is true and accurate.
As is the now the case with many walks of life, the Land Registry are endeavouring to enable their services, with land registration, to become completely modernised, and so, automated. This does, of course, bring about risks in itself, but the matter of fraudulent transactions does need to be carefully recognised. Alike our property solicitors in Lancaster, it seems that this has been considered, with authenticity being at the forefront.
Our conveyancing solicitor in Lancaster, Chloe Cardwell, is particularly interested in this, and will be keeping tabs on how this pans out. The HM Land Registry portal is a database used within our solicitors in Lancasters’ day-to-day day workload, and so it is imperative that the information therein is valid and accurate. With our valued clients being our absolute priority, our property experts in Lancaster are here to advise you on what else you can do to protect your home.
So, how can I protect my home from property fraud, you may ask.
One method, that our conveyancing solicitors would recommend, is by way of a formal restriction being entered on the title (deeds) to your property, known as an anti-fraud restriction. This is a method linked with HM Land Registry, and would allow a restriction to be placed upon any dealings of the property being registered, without confirmation that the restriction had been complied with.
Restrictions can be imposed to protects interest of third parties, who are reasonably required to be so. The nature of this particular type of restriction is to, specifically, assist in combating fraud taking place against those purporting to be the registered owner of a property. Such restrictions require a conveyancer, like our conveyancing solicitors in Lancaster, to certify that the individual who has signed or completed the document(s) being lodged for registration against the property, and would read:
RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that the conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor.
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As you will see, this places an additional layer of protection to the homeowner, requiring a formal certificate to be issued, confirming the identity of the signatory, being one of the same as the legally registered owner. If you would like a fixed-fee quote, or more information on how our property experts can assist in registering such an entry against your title deeds, email us today at property@mglegal.co.uk.
There are, of course, various other courses of action that you can take, as our property experts discuss. For further ways that our solicitors in Lancaster, Preston & Lytham can help, contact our team today, on 01524 581 306, and speak with a friendly, fully-qualified solicitor, today.
Tagged as: Conveyancing, Solicitors in Lancaster
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