Penal Code Sections Used In Real Estate Fraud Report Tips For Field Personnel (Refer to Penal Code for exact wording) Attempt to break the incident down into its simplest form, such as forgery, grand theft by 115(a) Procuring/offering false/forged document false pretense, elder financial abuse or other for record. common penal code section.
368(d) Financial abuse of the elderly or Obtain a brief overview of the events that took place. dependant adult by a person, not a caretaker. Obtain the name, address and telephone number of all involved parties, including any 470 Forgery: Documents. businesses. 484b Diversion of construction funds. Include copies of all documents signed by A Field Deputy’s the victim or which were given to the victim. 487(a) Grand theft by false pretense. This may include Grant Deeds, Trust Deeds, Guide To contracts, escrow instructions, agreements, 504b Sale of property covered by a security written statements, etc. Real Estate Fraud agreement, failure to pay secured party and appropriation of proceeds to own Copies of cancelled checks or money orders; use. front and back. If you are not sure that you have all the 506b Violation of real property sales contracts elements for a specific crime, prepare a Suspicious Circumstances report. 530 False personation of another to obtain money or real property The complex nature of real property crime may lead you to believe that the matter is 530.5 Unauthorized use of personal identifying solely a “Civil” issue. It is frequently information to obtain credit, goods or necessary for the Real Estate Fraud Unit to services in the name of another person. conduct an investigation to determine if an issue is civil or criminal. In most instances a 532(a) Theft by false pretenses. crime report should be taken and assigned to the Fraud Detail. 532(a)1 False financial statements (fraudulent credit applications). The location of the involved party will determine the jurisdiction for real property Fraud & Cyber Crimes Bureau 533 Multiple sales of the same parcel of real crimes. property. Real Estate Fraud Unit If you have any questions regarding real 11515 S. Colima Road M-101 property crimes contact the Real Estate Whittier, CA 90604 534 Sales of real estate by married person Fraud Unit at (562) 946-7217. under false representation. PHONE: (562) 946-7217 FAX: (323) 415-4422 After Hours: (323) 526-5541
Revised March 2014 Real Estate Fraud Unit Glossary Of Real Estate Terms FORECLOSURE: Procedure whereby property pledged as security for a debt is sold to pay the debt in event of In 1996 the Los Angeles County Sheriff’s The area of real property crimes involves terminology that default in payments or terms. Department, Fraud Detail dedicated the Real Estate the field deputy does not encounter on a regular basis. GIFT DEED: A deed for which there is no consideration. Fraud Unit. The unit is comprised of a Sergeant, The following is a list of common terms which may be GRANT DEED: A limited warranty deed using the word Bonus II investigators, clerical staff and a civilian encountered during the investigation of real property “grant” or like words that assures a grantee that the volunteer. It is funded through a state assembly bill crimes. grantor has not already conveyed the land to authorizing a fee collected on recordation of real another and that the estate is free from encumbrances estate documents. The funds are used solely for the ADVERSE POSSESSION : A method of acquiring title to placed by the grantor. investigation and prosecution of real estate crimes real property through the possession of the property for a that occur within the unincorporated areas of Los statutory period under certain conditions by a person LAND CONTRACT: A contract used in a sale of real Angels County, contract cities and any city or other than the owner of record. property whereby the seller retains title to the property agency requesting our assistance. ASSIGNMENT : The transfer, in writing, of a person’s until all or a prescribed part of the purchase price has interest to another person or entity in an asset, such as an been paid. The Real Estate Fraud Unit investigates the assignment of stock, Deed of Trust, note or lease. LIEN: A form of encum brance which usually makes following: Forgery of a deed, false personation in ATTORNEY IN FACT: One who is authorized by another specific property security for the payment of a debt or obtaining residential loans, rent skimming, to perform certain acts for another under a power of discharge of an obligation. Example: judgments, foreclosure bailout schemes, financial abuse of the attorney; power of attorney may be limited to a specific taxes, mortgages, deeds of trust, etc. elderly involving real estate and home equity theft act or acts or be general. PERSONAL PROPERTY: Any property which is not real schemes. BENEFICIARY: (1) One entitled to the benefit of a trust; property. (2) One who receives profit from an estate, the title of POWER OF ATTORNEY: A written instrument whereby Real Property Crimes which is vested in a trustee; (3) The lender on the security a principal gives authority to an agent. The agent acting of a note and deed of trust. under such a grant is sometimes called an attorney in Scam artists operate profitably in the complex world fact. of real estate and finance. Fine print and BORROWER: One who obtains a loan and owes money QUITCLAIM DEED: A deed to relinquish any interest in complicated procedures mask their crimes and to a lender. property which the grantor may have, without any make it difficult for field deputies to determine what, BUYER: One who purchases or acquires property. warranty of title or interest. if any, crime has occurred. CONVEYANCE: An instrument in writing used to transfer (convey) title to property from one person to REAL PROPERTY: Land and anything growing on, Real property crimes take on many forms such as another, such as a deed or a trust deed. attached to, or erected on it, excluding anything that may suspects who forge signatures on Grant and DEED: Written instrument which when properly be severed without injury to the land. Quitclaim Deeds. They then use these documents executed and delivered conveys title to real property RECONVEYANCE: The transfer of the title of land to commit loan fraud to obtain money from equity in from one person (grantor) to another (grantee). from one person to the immediate preceding owner. the home. DEED OF TRUST (Trust Deed): A legal document by This instrument of transfer is commonly used to which a borrower pledges certain real property or transfer the legal title from the trustee to the trustor There are suspects who seek out abandoned collateral as guarantee for the repayment of a loan. (borrower) after a trust deed debt has been paid in full. homes in foreclosure, change the locks and rent or DEFAULT: Failure to fulfill a duty or promise or to RECORDING: The process of placing a document on sell them to unsuspecting victims. discharge an obligation; omission or failure to perform file with a designated public official for public notice. This any act. public official is usually a county officer known as the Suspects also con unsuspecting elderly victims out ENCUMBRANCE: Anything which affects or limits the fee County Recorder. of their homes through forgery, home simple title to or value of property, e.g., mortgages or TRUST DEED: A legal document by which a borrower repair/remodeling schemes and large scale easements. pledges certain real property or collateral as investment pyramid schemes involving real EQUITY: Market value of property, less any guarantee for the repayment of a loan. property. encumbrances or other liens on it.