Wayne County Register of Deeds Bernard J. Youngblood was successful in persuading the Michigan State Legislature to approve House Bill 5598, making the forging of real estate documents a felony punishable by significant prison time.
The 25-year county official has now appealed to President Donald J. Trump in an effort to make “deed fraud” a federal crime.
Youngblood noted that currently deed fraud is the leading criminal activity in the nation, according to property law enforcement officials. The Register of Deeds noted that Michigan has already taken never-before legal steps to thwart these crimes and that his office provided 20 years of accumulated evidence to legislators in attempts to block the “criminal wave.” He noted the bold forgery of real estate documents for Graceland, the Elvis Presley estate in Memphis, TN, as an example of the widespread theft of property at every financial level.
In response to the rise of fraudulent property activity, Youngblood helped create the property records fraud unit in Wayne County. The unit receives complaints, investigates, charges and prosecutes individuals responsible for criminal and fraudulent land record activity. The unit has helped return more than 300 homes to rightful owners, according to the county website.
Owners cannot prevent someone from creating a phony deed and filing it with the county register of deeds office. Michigan law says that as long as a deed is properly filled out, it must be accepted by the county register of deeds. State statute section 565.201 “Recording Requirements Act of 1937″ 1(i)5 states, “ A register of deeds shall not reject an instrument for recording because of the content of the instrument if the instrument complies with the provisions of this act and any other act relating to the recording of instruments.”
When a false deed is discovered, victims can contact the Wayne County Mortgage & Deed Fraud Task Force. All the members of the group have been trained in document research, specializing in document investigation, according to a posting from Youngblood’s office.
A property fraud “HOTLINE” has been established for homeowners who suspect their property may be at the heart of possible fraudulent activity. The “HOTLINE” number is available 24 hours a day 7 days a week and is available at (313) 224-5869. Once a complaint has been received, a file is created, and the case is reviewed for legitimacy. If fraudulent activity is suspected, it is given to law enforcement units for a more thorough investigation. If fraudulent activity is proven, the file is forwarded for prosecution.
Youngblood was successful in his efforts to have the Michigan State Legislature unanimously approve a bill making the forging of real estate documents a felony punishable with significant prison time.
“Similar laws are needed across the nation to restore property ownership protection that Americans have known,” Youngblood said. He said he recognized the extreme “heartache and financial burdens placed on victims when ownership rights are stripped away.” The court restoration process, he said, is “cumbersome.”
According to Youngblood, the International Association of Government Officials comprising registers/recorders from across the county agree that deed fraud is a national problem that needs to be addressed now.
“Individual state action can be a lengthy process,” Youngblood noted in his appeal for federal action.
