Slashdot Mirror


Criminals Steal House Thanks To Hacked Email

mask.of.sanity writes with this quote from ZDNet: "An international cybercrime investigation is underway into a sophisticated scam network that used email and fax to sell an Australian man's AU$500,000 property without his knowledge. The man was overseas when the Nigerian-based scammers stole his credentials and amazingly sold two houses through his real estate agent. He rushed home and prevented the sale of his second home from being finalized. Australian Federal Police and overseas law enforcement agencies will investigate the complex scam, which is considered the first of its kind in Australia. It is alleged scammers had stolen the man's email account and personal property documents to sell the houses and funnel cash into Chinese bank accounts. Investigating agencies admit the scammers hoodwinked both the selling agents and the government, and said they had enough information to satisfy regulatory requirements. The police did not rule out if the scammers had links to the man."

227 comments

  1. Real Estate Agents.. by Anonymous Coward · · Score: 0

    Don't leave him home without a restraining order against yours.

    1. Re:Real Estate Agents.. by AHuxley · · Score: 2, Funny

      Reminds me of the the old Australian comedy show Fast Forward in the early 1990's: "Where your property is our property"
      http://www.youtube.com/watch?v=0QaH0uPlp24

      --
      Domestic spying is now "Benign Information Gathering"
  2. Re:This is a non-story. by euyis · · Score: 4, Insightful

    Because it's insanely complex and stealthy?

  3. this is ridiculous by fadethepolice · · Score: 4, Insightful

    The fact that property of this value can be transferred without the owner's knowledge and he has to go to the australian government in the hopes of recovering full value for the home is shameful. You would think that a court of law would need to be consulted and signatures would have to be issued and compared, at least through the mail.

    1. Re:this is ridiculous by ShakaUVM · · Score: 5, Insightful

      >>You would think that a court of law would need to be consulted and signatures would have to be issued and compared, at least through the mail.

      Theoretically that is what notaries and escrow is all about. Whatever notary signed off on this should lose their license. If it wasn't notarized, then the escrow company for approving a sale without notarized documents. I'm also kind of surprised the real estate agent never tried to call the guy, even if he was overseas.

    2. Re:this is ridiculous by Dogers · · Score: 1

      That was probably where the fax came in - a system I wish would die..

      I'm curious to know how they got into his email though. Was it a weak password or was he scammed by them and they guessed it/were given it?

      --
      I am a viral sig. Please copy me and help me spread. Thank you.
    3. Re:this is ridiculous by AHuxley · · Score: 1

      keylogger and a malware friendly OS?

      --
      Domestic spying is now "Benign Information Gathering"
    4. Re:this is ridiculous by rtb61 · · Score: 5, Interesting

      There is far more to it than email, "It is alleged scammers had stolen Mildenhall's email account and personal and property documents". There had to direct proximate contact, they obtained personal and property documents. The email angle seems to be more of a beat up by ZDnet rather than being of any real significance.

      Investor generally keep property titles in a private safe or a bank safety deposit box but, he didn't notice them gone.

      Hmm, strange had investments house and his agent was not renting them and the owner didn't notice the missing rent income if the agent was renting them. The whole thing stinks, from the owner, to the agent and beyond. It will be interesting to see how the case pans out over the next few months.

      --
      Chaos - everything, everywhere, everywhen
    5. Re:this is ridiculous by Chuck+Chunder · · Score: 1

      You would think that a court of law would need to be consulted and signatures would have to be issued and compared, at least through the mail.

      Yeah, that sounds completely foolproof!

      --
      Boffoonery - downloadable Comedy Benefit for Bletchley Park
    6. Re:this is ridiculous by captainpanic · · Score: 1

      Governments log all your data... but when data is lost, you're on your own?
      If all this happened through the internet, then surely those massive anti-terrorist / anti-cybercrime servers that log everything can be of some assistance here?

      (Especially if the data was stolen from a government server where all our personal information is stored... not that it happened this time, but in the future that is certainly a possibility too).

    7. Re:this is ridiculous by AK+Marc · · Score: 4, Interesting

      Do you own land? I do. I have multiple pieces of land in three states. I have no title to anything. I have document showing the sale from the previous owner to me and a document from a title insurance company. That should be sufficient. There isn't a paper title like a car. It's not like the land moves. The titles are kept by the state. The papers indicating my ownership are kept in my home and not in a safe of any kind. If someone wished, they could get them. But, under US law, this type of fraud would leave the buyers with nothing and I'd still be the undisputed owner. If I wasn't the one to sign that I sold it, it wasn't sold. Period. The rules are evidently different in Australia, though.

    8. Re:this is ridiculous by wvmarle · · Score: 2, Informative

      Scammers had victim's e-mail address and the trust of agent that they were the person they pretended to be; it's easy enough to send an address/telephone change notice by e-mail that the agent then will consider the current valid details. And when called the scammer answers. Not likely agent will be able to recognise the voice being wrong, especially when the person answering the phone has the correct Australian accent.

    9. Re:this is ridiculous by Aeternitas827 · · Score: 1

      Not likely agent will be able to recognise the voice being wrong

      That really depends. If the agent has few contacts, and talks to this landowner infrequently, then it's possible; but, if they're busy enough to talk to many people (but not so busy that they have to delegate), his/her ear will key in on a certain tonality and cadence with a familiar contact. To wit, if you have a set of family members that you talk to with some regularity, and one calls you with a stuffy nose, you would notice it fairly quickly, no?

      --
      I don't post AC. I like my -1, Flamebaits. Trump/Sheen 2012 on the Batshit Insane ticket!
    10. Re:this is ridiculous by pablo_max · · Score: 1, Insightful

      Do you own land? I do. I have multiple pieces of land in three states.

      No..you don't own your land.
      Think I'm wrong? Don't pay your property taxes and we'll see who really owns the land. The government simply lets you use their land until they think they need to take it back.

    11. Re:this is ridiculous by krelvin · · Score: 1

      I would think that the title insurance the purchaser of the house would have obtained would cover this. It is supposed to ensure that the title is clean and was transferred above board. No title insurance, then the purchaser of the house who clear title is now in doubt would be the loser.

    12. Re:this is ridiculous by MindlessAutomata · · Score: 0, Offtopic

      Mod parent up

    13. Re:this is ridiculous by shentino · · Score: 1

      Through eminent domain, in which case they still have to pay you what a judge deems to be fair market value.

    14. Re:this is ridiculous by AK+Marc · · Score: 1

      I own my pants, but if I take them off and use them to wack a police officer in the head with them, I'll never see them again. Just because something can be taken doesn't mean you don't own it. And if I don't pay my debts, it won't just go away, it'll be sold to pay debts I owe and I'll get the surplus.

    15. Re:this is ridiculous by ShakaUVM · · Score: 3, Informative

      Do you own land? I do. I have multiple pieces of land in three states. I have no title to anything. I have document showing the sale from the previous owner to me and a document from a title insurance company. That should be sufficient. There isn't a paper title like a car. It's not like the land moves. The titles are kept by the state. The papers indicating my ownership are kept in my home and not in a safe of any kind. If someone wished, they could get them. But, under US law, this type of fraud would leave the buyers with nothing and I'd still be the undisputed owner. If I wasn't the one to sign that I sold it, it wasn't sold. Period. The rules are evidently different in Australia, though.

      I have a copy of the title that the state keeps on file for my house. That's not my point. There's (supposed to be) layers of security in place to prevent exactly this kind of stuff from happening. In particular, if you're selling a property and you can't come in person to sign for it, you need to visit a notary near you who is supposed to verify your identify and notarize the documents. An escrow company is only supposed to close after all forms have been signed and notarized.

      That's why I said that some notary and/or the escrow company ought to get into trouble for this. That's the only value they really provide for the rather exorbitant amounts of money they charge.

    16. Re:this is ridiculous by RLaager · · Score: 1

      The rules are evidently different in Australia, though.

      http://en.wikipedia.org/wiki/Torrens_title

    17. Re:this is ridiculous by Anonymous+Cowpat · · Score: 4, Insightful

      you owe money to the government, if you don't pay it, they take your stuff and sell it to pay your debt.

      Don't pay any of your other taxes and you'll find your assets being sold, do you not 'own' those either?

      How about when you don't pay your private debts; one of your creditors gets you made bankrupt and your stuff gets liquidated? did you not own any of that either?

      If you don't pay your debts, your assets get sold to pay them. The only thing special in regard to the government there is that they can create the debts for you to pay (i.e. taxes).

      --
      FGD 135
    18. Re:this is ridiculous by misexistentialist · · Score: 1, Interesting

      I'm pretty sure they'd give you your pants back. And in any case you are talking about an action on your part resulting in loss of property, while land can be taken from you if you fail to act to pay what is really rent, since again taxes apply to transactions, not to possessions.

    19. Re:this is ridiculous by Anonymous Coward · · Score: 0

      Think you own anything? You don't. Think I'm wrong. Just die and see how much you take with you.

      Think your kids are yours. Your wrong. Just wait until someone spuriously reports you to Child Protective Services and the government takes your kids away.

      Guess what dipshit, the idea of ownership is flexible and means different things in different contexts.

    20. Re:this is ridiculous by Anonymous Coward · · Score: 0

      That's splitting hairs. He "owns" it more than any other non-government entity.

    21. Re:this is ridiculous by LatencyKills · · Score: 1

      As a guy who just bought a house, someone shows up on the seller's side at the closing. Find that person, and throw them in jail - lawyer, shill, guy with power of attorney, whatever. When they tell you who sent them to the closing, find that person and throw them in jail. Wash, rinse, repeat, until you come up to a blind drop or a disconnected phone number.

      --
      Jealously hoarding mod points since 2007.
    22. Re:this is ridiculous by Anonymous Coward · · Score: 0

      This is really funny because according the attorney present when I closed on my house, they only way to close was in person. The former owner had to drive down from Maine to sell the house. Even then, it almost didn't happen as her husband was overseas (he was deployed with the National Guard) and when he deployed the military attorney that helped him write the legal papers giving his wife full power over their assets didn't have him explicitly write that she could sell the house as required. Since they were about to be foreclosed on, the attorney let it slide, but still I can't believe you could loose a house simply due to some e-mails.

    23. Re:this is ridiculous by Anonymous Coward · · Score: 0

      >I have document showing the sale from the previous owner to me

      You mean a "Deed"? Then that's your proof of ownership. Better put it in a safe place.

    24. Re:this is ridiculous by Anonymous Coward · · Score: 0

      Yes, the Australian system looks extremely broken. It's simply obvious the buyer has a duty to authenticate the sale while the home owner knows nothing. If you buy stolen goods, you should get nothing since the original victim is not involved.

    25. Re:this is ridiculous by leuk_he · · Score: 1

      "answering the phone has the correct Australian accent."

      Really? Don't there live home-owner over there with an other accent?

    26. Re:this is ridiculous by Skater · · Score: 1

      Do you wait for the chance to post this comment in every land-related story? I see it all the time, worded almost identically.

    27. Re:this is ridiculous by bkaul01 · · Score: 3, Insightful

      since again taxes apply to transactions, not to possessions.

      By definition, property taxes apply to possessions. Just because you wish we didn't have them doesn't mean they're not really taxes. I wish I didn't have to pay FICA and income taxes, but I don't deny that they're a tax rather than proof that I'm a slave who's owned by the government or something equally absurd.

    28. Re:this is ridiculous by CraftyJack · · Score: 1

      But, under US law, this type of fraud would leave the buyers with nothing and I'd still be the undisputed owner.

      The buyers would have been covered by their title insurance.

    29. Re:this is ridiculous by thogard · · Score: 1

      Title insurance is rare and close to non-existent in Australia.

    30. Re:this is ridiculous by Anonymous Coward · · Score: 0

      Traditionally, if you buy stolen goods, you are out the money. The owner gets their property back when its recovered.

      In this case the escrow company or one of the banks is likely left holding the bag.

    31. Re:this is ridiculous by mdielmann · · Score: 1

      Property ownership is different in different countries. What you describe is effectively true in Canada. If someone wants to build a mall and you don't want to sell, the government will force you to sell if they think the mall is a good idea. Also, most people don't have mineral rights to land in Canada.
      This is not the case in the US, at least not from what I've heard. It's possible there are differences between states.

      --
      Sure I'm paranoid, but am I paranoid enough?
    32. Re:this is ridiculous by bsDaemon · · Score: 1

      Depends on the circumstances. Here in Virginia, and likely in other East Coast states as well, there are still a few families with free-hold claims on their land. The requirement for this is having documentary evidence of a Royal land grant, or similar. Basically, you need to be able to prove your family owned the land before the US was a country. There is no tax levied on these properties, although this is increasingly rare, especially as younger generations see more value in subdividing a 300 acre plot and selling it off to developers than in having land that they can't be evicted from and don't have to pay for.

    33. Re:this is ridiculous by Anonymous Coward · · Score: 0

      And the Guru must conclude that ownership is a delusion.

    34. Re:this is ridiculous by Anonymous Coward · · Score: 0

      I don't know if it's different in other countries, but in the US escrow has nothing to do with it. Escrow is simply an account used by the lender to pay your taxes and insurance, funded by mandatory monthly contributions made as part of your mortgage payment. The term I think you are looking for is title company.

    35. Re:this is ridiculous by schoaff · · Score: 1

      This whole thing reminds me a bit of the case of Nathaniel Dowl in New Orleans. He's a guy who figured out how to file fake quit-claim deeds and tax sale documents. After he filed these fake deeds he would then would use the courts and the police to evict the real owners. He also filed fake restraining orders and other documents.

      The long and short of it is it's very easy to file fake documents and very expensive and time consuming to get them voided by the courts. With very little effort on his part he cost the real owners hundreds of thousands of dollars in legal fees. The owners being targeted would have to check every day to see if new fake deeds had been filed.

      He finally went too far when he tried to claim Katrina relief from the federal government on properties he didn't really own.
      http://www.nola.com/news/index.ssf/2009/05/man_gets_10_years_hard_labor_f.html

    36. Re:this is ridiculous by ScrewMaster · · Score: 2, Insightful

      Through eminent domain, in which case they still have to pay you what a judge deems to be fair market value.

      He wasn't talking about that. In any event, the power of eminent domain, which was intended by the Founders to be used to build public works, has been reinterpreted by the Supreme Court to allow for the transfer of private property to private hands, if for no other reason than that the new owners may create more tax revenue. That's just twisted, but it's the law now.

      Regardless, in many counties in the U.S., which is the bulk of them since they're supported by real estate taxes, if you don't pay said taxes they can and will sell your property out from under you in order to recover the value of the taxes. That's not ownership, by any stretch of the imagination. You are merely the steward of your (ahem) "property" until such time as you fail to pay your property tax, or someone in power decides they really want your space.

      --
      The higher the technology, the sharper that two-edged sword.
    37. Re:this is ridiculous by ScrewMaster · · Score: 4, Insightful

      The only thing special in regard to the government there is that they can create the debts for you to pay (i.e. taxes).

      Yes, and that's the key difference! You pretty much shot the rest of your argument down by pointing this out. By having the ability to levy taxes, and the power to force the sale of property to recover those taxes, the government ultimately has effective ownership of your "property". Ownership is a matter of control, and if you don't control something you really don't own it.

      I don't know if you've ever been in the position of nearly losing your home to that, but it's a frightening process, and it's then that you realize how little you matter, how little they care, how little control you actually have.

      How we managed to let this state of affairs become law is beyond me, but we did.

      --
      The higher the technology, the sharper that two-edged sword.
    38. Re:this is ridiculous by Anonymous Coward · · Score: 0

      How about requiring a person to physically show up and confirm in person their identity and attest to ownership? If you are selling a property, having you (or a legal rep) make the effort to show up at least once isn't much to ask.

    39. Re:this is ridiculous by Anonymous Coward · · Score: 0

      Well they'd hold on to them for up to the maximum life of evidence in your state.

    40. Re:this is ridiculous by networkBoy · · Score: 1

      California recently had something like this, where people were forced out of their houses under eminent domain, and the land was used for a mall. In addition, since property values instantly depressed when the project was announced the people were lowballed on the value of the land and the courts upheld that the low value was proper...

      It really makes me sick to think about.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    41. Re:this is ridiculous by Smauler · · Score: 1

      By having the ability to levy taxes, and the power to force the sale of property to recover those taxes, the government ultimately has effective ownership of your "property". Ownership is a matter of control, and if you don't control something you really don't own it.

      Erm... basically every government that has ever existed has required taxes, and has had the authority to claim owned assets to redeem those taxes. This is not something new, and is perfectly reasonable. I'm really not sure where you are coming from with this - if the government did not enforce tax collection via means of asset seizure, no one would pay taxes.

      A government without the ability to levy taxes and the power to force the sale of property to recover those taxes would be entirely inneffectual.

    42. Re:this is ridiculous by Anonymous Coward · · Score: 0

      I sold my house last winter. At least, I thought I did. I got money from the new owners put into my bank. I moved all my belongings out. I handed over my keys. I got title on my new house. But surprise! In July I got a bill from the city for property taxes on my old house. It turns out that despite having paid for it, the new owners didn't own it yet because a clerk in the lawyer's office had neglected to send the request for change of title. I ended up having to get my real estate agent to call their real estate agent to tell their lawyer's office to finalize the deal.

    43. Re:this is ridiculous by rtb61 · · Score: 1

      Then of course all ownership is an illusion. The citizens via the government grant control. Ding bat, if you really owned your land in full and clear title, you could sell your country to other countries and eventually you would be a citizen of nowhere. Controls are required, planing requirements for a start to ensure what you do to your property does not affect the neighbourhood property values or the quality of life of your neighbours. You are a citizen of your whole country not just the bits that haven't been privatised.

      --
      Chaos - everything, everywhere, everywhen
    44. Re:this is ridiculous by rtb61 · · Score: 1

      As with the US each state in Australia is different, it would appear that http://www.landgate.wa.gov.au/corporate.nsf/web/index.html the maintainer of Western Australia certificate of titles in the rush to cost efficient digitisation and fee earning opportunities has gotten a little lose in protecting a persons title but then for an extra fee http://www.landgate.wa.gov.au/corporate.nsf/web/TitleWatch they male sure no one sneaks up on land and sells it out from underneath them.

      Some states provide a copy of certificate of title as a legal document that must be handed in an transferred across (Western Australia do a duplicate of title but charge extra for it). http://en.wikipedia.org/wiki/Torrens_title, I did design and construct, commercial and industrial property development evaluations on thousands of properties.

      What I do or do not own is of course not for forum consumption. So, hmm, what is your social security number and what are the addresses of the land you own and what is your full name (don't worry about email et al I and many others can get the rest ourselves).

      --
      Chaos - everything, everywhere, everywhen
    45. Re:this is ridiculous by anegg · · Score: 2, Interesting

      I suspect different states have different laws. I sold a house in Tennessee after I had relocated to California. I never saw the buyer and certainly didn't attend the closing. I think I might have assigned a power of attorney over to the real estate agent, but it was long ago so I don't really remember whether I did or not.

      I seem to remember a scam in Canada regarding selling real estate that sounded the same as this Australian deal. Apparently legal structures are different, and with different outcomes; I believe that in the US a fraudulent property sale conducted without the knowledge of the real owner would result in the buyer having lost their money, not the real owner losing the property. That *seems* the more correct way to go, as the real owner wouldn't even know anything was happening, whereas the buyer would be engaged in a transaction for which they should get surety of the seller's ownership before forking over the money. At a minimum, its a good reason to make sure that the title insurance on the deal covers you the buyer in addition to the bank for the mortgage. I have always spent the extra $$ to make sure that the title insurance covered me as well as the bank.

    46. Re:this is ridiculous by ShakaUVM · · Score: 1

      This is really funny because according the attorney present when I closed on my house, they only way to close was in person. The former owner had to drive down from Maine to sell the house. Even then, it almost didn't happen as her husband was overseas (he was deployed with the National Guard) and when he deployed the military attorney that helped him write the legal papers giving his wife full power over their assets didn't have him explicitly write that she could sell the house as required. Since they were about to be foreclosed on, the attorney let it slide, but still I can't believe you could loose a house simply due to some e-mails.

      It could work differently in different states. In other states they require attorneys to handle real estate transactions. Here in California, it's all done by licensed real estate agents / brokers.

      We bought our house without ever meeting the seller. Which is a good thing, because by all accounts she was a screaming bitch.

    47. Re:this is ridiculous by Binkleyz · · Score: 1

      All of your questions, answered:
      http://xkcd.com/792/

    48. Re:this is ridiculous by phyrexianshaw.ca · · Score: 1

      How about when you don't pay your private debts; one of your creditors gets you made bankrupt and your stuff gets liquidated? did you not own any of that either?

      Ummn.. you just answered your own question there. no, you don't. if you're private debt exceeds your net worth, then you don't own anything: you're still buying it.

      as much as people don't like the idea, if you're in debt, than you owe somebody something, and legally they have a right to reclaim that "value" from you in a number of ways.

    49. Re:this is ridiculous by ph43thon · · Score: 1

      I'm not sure why more people aren't more suspicious of this story.

      The guy is traveling overseas. A $500,000 investment property of his was sold by supposed Nigerian scammers. He rushes home, after being notified by his neighbors, to halt the sale of a second investment property.

      And, if you believe the comments about Australian law, he will get compensated for the sale of the house while the buyers get to keep it.. and this $500,000 that was wired to China just disappears.

      Since the owner stands to benefit the most from this scam, I'm inclined to believe he is the scammer. Not some dude in an internet cafe in Abuja, Nigeria.

    50. Re:this is ridiculous by shaitand · · Score: 1

      "How about when you don't pay your private debts; one of your creditors gets you made bankrupt and your stuff gets liquidated? did you not own any of that either?"

      A creditor can't 'get you made bankrupt'. Bankruptcy is something you initiate to discharge your debts and it is the last thing a creditor wants you to do because they probably won't get paid.

    51. Re:this is ridiculous by ScrewMaster · · Score: 4, Interesting

      A government without the ability to levy taxes and the power to force the sale of property to recover those taxes would be entirely inneffectual.

      I suppose what I'm complaining about is the way such sales are handled, at least in my experience.

      It almost happened to my father. He owned his home: paid off his thirty year mortgage on time and in full. But he became ill one year, and racked up some substantial medical bills, and couldn't pay all of his property tax. He was so sick at the time that he didn't even know that. Fortunately, I had financial power-of-attorney and was going through his records, and discovered (only a couple of days in advance) that his house was scheduled to be sold (the county provided no notice, naturally, I was just lucky enough to figure it out on my own.)

      So on the morning of the yearly tax sale, I went to the county seat and attempted to speak with one of the city attorneys about the matter. She was about the coldest human being I've ever encountered, and told me literally, "pay up or lose the house, and don't bother me again." "Civil servant" my ass, and all I wanted was a week 'til some receivables came in. I had brought letters from his physicians documenting his medical condition, but this woman wouldn't even look at them, eventually ordered me out of her office because she had "more important matters to attend to."

      So, I went downstairs to the cashier, and found a line of people that stretched down the hall, most of whom were in line to buy my father's house for the price of six month's property taxes. I elbowed my way to the head of the line and handed the cashier a certified check for the remaining balance (flattening my checking account in the process.) I heard a collective groan behind me, as a couple dozen vultures turned around and left because I'd beaten them to it.

      A few years before that, he'd had that audacity to ask the county to reappraise his home because he felt they'd valued it too high (and, of course, his taxes were based upon that valuation.) The assessor came out and assessed it about $20,000 higher and told him, "that'll teach you."

      Frankly, I'd much rather deal with the Internal Revenue Service than any lower-level taxing body. Yes, the IRS takes a lot of deserved heat, but they do have rules and they follow them, and they'd rather get the cash, even if they don't get it right away. Matter of fact, Dad ended up owing them some money as well, but when I sent them medical documentation and explained the situation, they were willing to write it all off.

      When it comes to real estate taxes, don't get behind because you'll likely lose a whole lot more. The problem is likely to get worse, as our local governments start to have more and more financial problems, and start squeezing people even more than they already do.

      --
      The higher the technology, the sharper that two-edged sword.
    52. Re:this is ridiculous by RKBA · · Score: 1

      Absurd? You don't think you're owned or that you're a slave? Think again.

    53. Re:this is ridiculous by TemporalBeing · · Score: 1

      The fact that property of this value can be transferred without the owner's knowledge and he has to go to the australian government in the hopes of recovering full value for the home is shameful. You would think that a court of law would need to be consulted and signatures would have to be issued and compared, at least through the mail.

      If he had a Digital Signature on his e-mail it could very well be possible, especially if they subverted his e-mail. In the US, a Digital Signature issued under certain circumstances is just as good as a notarized document; you do have to prove who you are (via a notary) to get such Digital Signatures, which are legally binding. TFA is why I refused to get such a Digital Signature, at least without whomever is requiring it to indemnify me against things such as TFA, or anything else of such nature. (E.g. if my employer required it, then they should indemnify me against anything that I did not send - especially if their systems were compromised.)

      My only contact with these Digital Signatures thus far was with an employer who refused to indemnify; thereby I refused to get it. It wasn't truly needed to do my job either.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    54. Re:this is ridiculous by Urkki · · Score: 1

      No..you don't own your land.
      Think I'm wrong? Don't pay your property taxes and we'll see who really owns the land. The government simply lets you use their land until they think they need to take it back.

      But that's okay, because by the same logic, you don't really own the money you would use to pay the property tax, either. So you give up something that is not yours, so you can keep something that is not yours. Sounds like a fair deal to me.

    55. Re:this is ridiculous by Urkki · · Score: 1

      The only thing special in regard to the government there is that they can create the debts for you to pay (i.e. taxes).

      Yes, and that's the key difference! You pretty much shot the rest of your argument down by pointing this out. By having the ability to levy taxes, and the power to force the sale of property to recover those taxes, the government ultimately has effective ownership of your "property". Ownership is a matter of control, and if you don't control something you really don't own it.

      No, the government can't take *your* property by raising *your* taxes. They have to raise taxes of everybody, and unless you're among the poorest land owners, they'll never get the access to your land before there's a revolt (be it through elections or through fighting). In other words, they do not have effective ownership of your property, they can only harass you with taxes up to a point.

    56. Re:this is ridiculous by xous · · Score: 1

      Heh. This is beyond retarded.

      To rent a bloody mail box I had to sign six different documents and two pieces photo ID. They can sell a bloody house without setting foot in the country?

      If I were the buyer or seller I'd sue the shit out of the real estate company, bank and everyone else involved for being so bloody negligent.

    57. Re:this is ridiculous by c++0xFF · · Score: 1

      A common misconception is that the bank owns the house, not me. The reality is that I own the house but owe a lot of money as the house as collateral.

      A similar concept goes for the government. I own the house, but under their governance. Should I violate laws or should society decide my land looks better as a highway, the government can take possession of the land from me. But in the meantime, I own my land and house.

    58. Re:this is ridiculous by Anonymous Coward · · Score: 0

      No, you'd be fucked if you owned a home in Australia.

    59. Re:this is ridiculous by AK+Marc · · Score: 1

      The act in question was outside the USA. So I know the fees in the US are high, but I have no idea what they are in Australia or what protections they are afforded. If they got enough to forge ID or notary or used foreign notaries (often not recognized, I needed something notarized while I was outside the country and ended up going to the US consulate to make sure it would be recognized back home), or just paid off a notary or found a sloppy one. And escrow companies wouldn't be on the hook because they just hold money until the two people agreeing to put it in escrow agree to take it out. Whether the two people are who they say they are is less important to them than making sure the two people are the same two people that started the process with them. And title insurance doesn't prove the seller is legit, but that the owner had clear title to transfer it. Comparing the owner to the seller is outside what they do, but I'd have to read my stuff laying around to see if the wording covered the buyer if the seller wasn't the owner. But from my dealings, I know their focus is verifying and insuring clear title, and not much else.

      So yes, there are piles of layers, but aside from the notary, no one is really checking whether the seller and the owner are the same person. And notaries don't charge that high of fees. I usually get my stuff notarized for free at my bank or a notary at work.

    60. Re:this is ridiculous by sjames · · Score: 1

      That's why we -periodically see news items about the "crazy guy" on the porch with a shotgun. I usually cheer for the "crazy guy" but he never seems to win.

    61. Re:this is ridiculous by JeffAtl · · Score: 1

      Not exactly - the value of an individual property can recalculated by the government which can make the taxes too high for the current owner to pay.

      A common case occurs during redevelopment of an area. A family that may have owned a plot of land for generations may have to sell due to the revaluation of their property due to a developer building $500,000 homes or a shopping mall nearby.

      Properties can also be revalued by using potential value - a large tract of land could be valued as if it were a working farm or an office park, even if it is just an empty field.

    62. Re:this is ridiculous by Anonymous+Cowpat · · Score: 1

      maybe bankruptcy works differently there, but here you normally get made bankrupt by someone else because they realise it's their only method of getting paid anything. And you have to pay £500 to get one, so people rarely make themselves bankrupt because they can't afford it.

      Quoth the Wiki (on US bankruptcy):
      "With involuntary bankruptcy, creditors, rather than the debtor, file the petition in bankruptcy. Involuntary petitions are rare, however, occasionally used in business settings to force a company into bankruptcy so that creditors can enforce their rights."

      If there's no hope of extracting boodle any other way, your stuff gets sold.
      If you want to say that the possibility of this happening means you don't own your property then fine, no-one owns any property (because debts can be created by taxes or court judgements), let's just scrub the word 'own' from the dictionary. Shall I call the Editorial Committee of the OED? Or will you?

      --
      FGD 135
    63. Re:this is ridiculous by rednip · · Score: 1

      Ownership is just a concept created and enforced by a civil authority. If no one paid taxes, there wouldn't be a government to enforce your 'right' to own land.

      --
      The force that blew the Big Bang continues to accelerate.
    64. Re:this is ridiculous by Anonymous Coward · · Score: 0

      But, under US law, this type of fraud would leave the buyers with nothing and I'd still be the undisputed owner

      I think you misunderstand real estate law. As much as it boggles the mind, if someone were able to fraudulently place one of your properties up for sale and someone bought it legitimately you can't get it back. Ask a lawyer.

    65. Re:this is ridiculous by shaitand · · Score: 1

      Ah OK. Apparently it can happen here (in the US) but it is normally only done with a very very large debt and against someone with sizable assets. I can't imagine how much it would cost in legal fees to force someone into bankruptcy! Property rights are held as pretty sacred here. In the normal course of things only a federal/state debt would ever result in an individual having his assets seized (unless said assets were used to guarantee the debt)!

      Also a modest dwelling and your car are protected in bankruptcy (assuming they are really yours and not the banks). Normally they are the largest assets someone has. After those many people have no assets that could realistically be tracked and sold especially if they don't use credit cards. They certainly don't come in and grab everything you own and sell it off at auction only sizable on paper assets.

      Any debt that isn't covered by selling off your qualifying assets is discharged and you no longer owe it. Even the bankruptcy is off your credit report after 7yrs.

      Here people (even companies) normally enter into bankruptcy voluntarily. They might have $2000 worth of assets and $50,000 worth of debt. There is another type of bankruptcy where you convince the court that if the creditors lay off for awhile you can reorganize your finances and be in a better position to pay your debts.

      Then I'm told that in some other places you can be put in jail for not paying debts.

      As for not having ownership I'm going to have to agree that having property subject to the whims of someone else who enforces their will via physical force is not ownership. In the days of yore there were kings, they granted lands and titles to lesser lords who owned them to a greater degree than we own lands or other property here in the US. Yet then nobody minced words, the king owned those lands not the lesser lords and the king could take them away.

    66. Re:this is ridiculous by AK+Marc · · Score: 1

      Stolen property is the property of the person who it was stolen from, so the house belongs to the original owner. The signatures on the sale documents were forged, so the sale was invalid and thus belongs to the previous owner. Only in a few places with a different recording system is a fraudulent sale upheld, so the vast majority of the US doesn't have to worry about it.

    67. Re:this is ridiculous by sabt-pestnu · · Score: 1

      > I'm pretty sure they'd give you your pants back.

      In a few years, with good behavior. And in the mean time, they'll give you a loaner pair...

    68. Re:this is ridiculous by GSV+Eat+Me+Reality · · Score: 1

        Small wonder that so many people out there consider government's doings to be little more than "legalized" theft.

        Perhaps not in the abstract, but as is frequently said, there's a difference between theory and practice...

    69. Re:this is ridiculous by ScrewMaster · · Score: 1

      Small wonder that so many people out there consider government's doings to be little more than "legalized" theft.

      Perhaps not in the abstract, but as is frequently said, there's a difference between theory and practice...

      Closer to extortion, really ... if a thug comes into your house, points a gun at your head and says, "gimme your dough!", or a cop comes in and says, "You didn't pay your property taxes so we're taking your home" well, either way you've had your assets taken away from you by force. One is legal, one isn't, but that's small comfort to the victim.

      --
      The higher the technology, the sharper that two-edged sword.
  4. So what's the deal here. by AbRASiON · · Score: 3, Interesting

    Does the man lose his home? He never sold the property and I don't see why he should be giving it up.
    These kind of articles never include a followup on what hapenned.

    1. Re:So what's the deal here. by dark+grep · · Score: 5, Informative

      AFAIK under Australian Law, the people who bought the first house get to keep it. Assuming they are just innocent and genuine buyers. There is a government fund that is used to compensate the victim of the theft in these sort of cases, though the value will be independently assessed and the owner paid on the basis of that assessment, not what the current owners paid the scammers.

    2. Re:So what's the deal here. by Anonymous Coward · · Score: 1, Interesting

      So you can buy stolen property in Australia, and its then legally yours? Awesome!

    3. Re:So what's the deal here. by Anonymous Coward · · Score: 0

      These kind of articles never include a followup on what hapenned.

      There is no followup on what happened because what you're asking for has not yet actually happened! This is a very recent event. Check back in a couple of months after it goes through the police and courts.

    4. Re:So what's the deal here. by sstrick · · Score: 2, Insightful

      Not if a reasonable man would have suspected it was stolen. This law protects the innocent, such as this case, someone who purchased a house through a legitimate real estate agent.

      If you buy a DVD player from the back of a pub and it turns out to be stolen, then you have to give it back and would be lucky not to be charged with being in reciept of stolen goods.

      --

      "Do you think we could wipe out world hunger forever if scientists figured out how to make AOL's Free CD's edible?"-
    5. Re:So what's the deal here. by Cimexus · · Score: 0

      If you bought it without the knowledge that it was stolen, then yes. Any other system is kinda retarded ... it's not fair to penalise the legitimate and honest purchaser of property of their purchase if they bought it in good faith and without any reason to believe it was stolen.

    6. Re:So what's the deal here. by AK+Marc · · Score: 4, Interesting

      That's good to know because US law is clear in that the first owner would regain (because he never lost) ownership and the people who paid for it would have lost all their money and their recourse would be to find and sue the scammers. At least in Australia it sounds like there's a chance of recovering something in international fraud cases. The FBI won't even investigate international fraud if they can get out of it and will lie to you to prevent you pushing hard enough to make it an official case. And there's not much you can do to recover the money, even if you identify the person in question, if they live abroad.

    7. Re:So what's the deal here. by kingturkey · · Score: 1

      Really? Several states in the US apparently (Wikipedia) use the Torrens Title registration scheme and indefeasibility of title for registered proprietors is the central feature of such a system. The fact that victims of fraud such as the man in this article have the law against them is an unfortunate necessity in order to protect innocent purchasers who follow the thorough process in order to gain registration.

    8. Re:So what's the deal here. by Kilrah_il · · Score: 1

      Next time we'll wait with article until there is adequate follow-up, and then we'll have comments who sound like this: "Why is it posted now, this was first posted months ago on site ***. Bad not-uptodate /."

      --
      Whenever in an argument, remember this.
    9. Re:So what's the deal here. by Anonymous Coward · · Score: 0

      i have no idea about the laws, but what your stating will/would happen sounds a bit shit to be honest. the guy should get his house back, the buyers should be compensated from that government fund.

    10. Re:So what's the deal here. by wvmarle · · Score: 1

      Buyer was convinced the deal was legit. Even the Australian government was obviously convinced it was legit, as property ownership is registered by the government.

      You as buyer go to a property agent and tell them "hey you have this flat for sale, I'm interested, I want to buy it". Then property agent will do the paperwork for you, ask a notary, whatever. You may not even meet the current owner in person for such a deal (well possible with investment properties). As long as this agent comes with the proper paperwork, the asking price is normal, etc, there is no reason for a buyer to doubt the legality of the deal.

    11. Re:So what's the deal here. by Aeternitas827 · · Score: 2, Insightful

      Whichever way you put it, someone gets screwed, in other words, but with property sales like this...there's really no other way you can do it. If you let the title/deed go to the purchaser, yeah, the person whose property was sold is out of a dwelling; but if you kick the purchaser out and return title to the rightful owner, well, what happens if the purchaser sold their old dwelling at the same time? They're out of a dwelling as well. It's a no-win situation as long as the system can be engineered.

      --
      I don't post AC. I like my -1, Flamebaits. Trump/Sheen 2012 on the Batshit Insane ticket!
    12. Re:So what's the deal here. by Kharny · · Score: 2, Insightful

      No, it's the most dumb system i've ever heard off.
      Giving the purchasers back the money(through gov. funds or such) is a good thing.

      Letting the "new owners" keep someone's house, that might have big sentimental value is insane.

      --
      Make a man a fire and he will be warm for a day, set a man on fire and he will be warm for the rest of his life
    13. Re:So what's the deal here. by maxwells_deamon · · Score: 3, Insightful

      If I was the buyer in the US and had this happen to me, the first place I would go would be to my title insurance company. Not sure it would work, but after the police, that is were I would go.

      I had the understanding that the property concidered stolen property and must be returned to the orginal owner. However, I have seen articles of similar thefts happening in the US where the buyer kept the property, But these were news accounts and you know how reliable they can be.

    14. Re:So what's the deal here. by Anonymous Coward · · Score: 0

      considering that this crime is likely to be extremely rare, you could make a mandatory insurance policy that protects the buyer (and current owner never "loses" his property). The fee would likely be relatively low (under $1k) and the insurance companies become richer so they're happy too, and everyone wins basically. I'd gladly pay a few hundred to not gamble away a house (no matter the odds), it's kinda like reverse lottery, you're not likely to win, but if you win, you're fucked.

    15. Re:So what's the deal here. by flonker · · Score: 1

      Isn't this the whole purpose of title insurance? The buyer's title insurance company would pay the buyer back, and the original owner keeps the house?

    16. Re:So what's the deal here. by houghi · · Score: 1

      So I buy the house far below market value from a conman. The seller gets the real value from governement. We split the profits.

      --
      Don't fight for your country, if your country does not fight for you.
    17. Re:So what's the deal here. by AK+Marc · · Score: 1

      I've owned multiple pieces of land in multiple states, but never in one of the few that use the Torrens system and didn't know that was used in the US until this. But my comments are still true for the vast majority of the US.

    18. Re:So what's the deal here. by GryMor · · Score: 1

      The wiki is misleading. It lists Washington for instance, but fails to note that only 3500 parcels are under the Torrens system in Washington, everything else is in the normal system. Basically, the Torrens system is a nightmare, every thing that is seen as 'wrong' with the chain of title system is trivially handled by Title Insurance, which, unlike regular insurance, as it's insuring against the past, can (and does) take significant measures to identify and cure issues before a real estate deal is finalized. It properly places the incentives for verification in the hands of experts who have a significant financial stake in things being correct. It also protects innocent third parties to a transaction, as there interests can't be infringed (as has occurred in TFA, the owner was not a party to the purported sale of his own house but gets screwed by the Torrens system, under a sane system, the buyers would have gotten title insurance and been compensated, not having ever actually acquired the house, as they were in a position, being a party to the transaction, to detect the fraud (either personally, or via the title insurance company) in transactions they are not a party to.

      --
      Realities just a bunch of bits.
    19. Re:So what's the deal here. by nacturation · · Score: 1

      If you bought it without the knowledge that it was stolen, then yes. Any other system is kinda retarded ... it's not fair to penalise the legitimate and honest purchaser of property of their purchase if they bought it in good faith and without any reason to believe it was stolen.

      The retarded part is that someone can sell a priceless family heirloom to someone else and, as long as the buyer thinks it's legit, there's nothing anybody can do to get their priceless family heirloom back other than try to re-purchase it from the buyer. However, now that they know it's priceless...

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    20. Re:So what's the deal here. by Anonymous Coward · · Score: 0

      You go to jail.

      "Why was the house so cheap?"
      "Um, I don't know"
      "You weren't suspicious about that?"
      "He said he needed to sell it quickly..."
      "The same day?"
      "Well yeah"
      "And that seemed reasonable?"
      "..."

      This sets the jury wondering whether you're an idiot or in on the scam. When the evidence is presented that you "split the profits", they convict.

    21. Re:So what's the deal here. by mcvos · · Score: 1

      But what about the innocence of the original owner? Losing your home is really not funny, even if you get money with which you could buy a new one. (Well, apparently this guy had at least two houses, so it's not quite as bad for him, but the principle still holds.)

      Having just read that it was "investment property", the guy was apparently a real estate investor, so he didn't lose his own home and I'm not feeling quite as sorry for him anymore. Still, better checks to prevent this kind of thing would be nice.

    22. Re:So what's the deal here. by daithesong · · Score: 2, Insightful

      surely the fair return to the 'status quo ante' is for the government to restore the money to the *buyers* and the property to the *rightful owner*. The buyers can they buy another property, if they wish; they are back where they started.

    23. Re:So what's the deal here. by Anonymous+Cowpat · · Score: 1

      I think his point was that leaving the innocent puchaser holding the bag was dumb.
      I agree that giving the property back and compensating the purchaser would be better than letting the purchaser keep the property and compensating the owner, but both are substantially better than the present system of giving it back to the owner and leaving the purchaser out of pocket, especially as far as I can see (in th UK) the police put a lot more effort in to tracing a stolen vehicle and siezing it back for the owner than they then put into trying to track down the purchaser's money & the actual thieves.

      --
      FGD 135
    24. Re:So what's the deal here. by IndustrialComplex · · Score: 2, Insightful

      Not if a reasonable man would have suspected it was stolen. This law protects the innocent, such as this case, someone who purchased a house through a legitimate real estate agent.

      That's not protecting the innocent. Why not give the BUYERS their money back from the fund, then you don't have to bother with trying to find the 'fair compensation' value. It's right there on the bill of sale. What about the guy who comes home to find find his house effectively GONE? One could say that the person who literally had their home stolen from them might be a bit more of a victim than the person who just needs a mortgage reversed (Paper)

      This guy (well, assuming this happened to someone where it was a residence) will have to find a new home, hope it's near his job, move his belongings, etc. Oh, and now he is a VERY motivated buyer so good luck getting any sort of a deal.

      The problem with this method is that for it to be 'fair' to the original owner, you would have to pay back a lot of costs in addition to the value of the stolen property. That doesn't even get into the emotional attachment. I sold a home I put a lot of work into years ago and I still have fond memories of it. I'd be pissed if the place I remodeled by hand was stolen from me.

      Just void the sale paperwork and let the companies who screwed up in the first place (Notary, Realtor, Bank, etc) foot the bill like they should.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    25. Re:So what's the deal here. by Cimexus · · Score: 1

      Er what? The law we are talking about here concerns only real property (i.e. land, not physical items/chattels/posessions). At common law, whether that be in Australia or the US, real property and chattels are two completely different paradigms. So bringing 'priceless family heirlooms' into it is completely irrelevant - the law we are discussing does not apply to such things.

      (I suppose you could argue that a house or land that has been in the family for generations is an 'heirloom', but I don't think that's what you were referring to.)

      There are good reasons why for real property, the Torrens title system makes sense (and why it has been adopted by most common law countries, and several US states): http://en.wikipedia.org/wiki/Torrens_title

      Not to say it's perfect - but no system is.

    26. Re:So what's the deal here. by IndustrialComplex · · Score: 1

      well, what happens if the purchaser sold their old dwelling at the same time?

      Crime sucks. The owner of the building pays for vandalism if they don't have insurance. Not that I agree with it, but if a fund was established for this sort of thing...

      If you are trying to be nice, then give the buyer 10% over the cost of the house so they can move. They wouldn't have 'put down roots' there yet like the original owner likely did.

      Even if you don't do that, there IS an avenue for the buyer. Sue the realtor/attorney/Notary to cover your damages. They should carry insurance for this sort of thing, and if they don't sueing them will result in setting a standard that they SHOULD. If it's rare, then it will be cheap. If it isn't rare, then they will be forced to implement more safeguards.

      A government fund doesn't really address that issue. If everyone ends up 'fine' then all the thief did was steal $500,000 from the government.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    27. Re:So what's the deal here. by Fnkmaster · · Score: 5, Informative

      Actually, in the US the unknowing buyers would be compensated by their title insurance company and the seller would get his house back. This is exactly why we have title insurance on real estate transactions.

    28. Re:So what's the deal here. by mapkinase · · Score: 1

      "independently assessed ". That is true, but the figure won't be much different and it will be correlated with the market value.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    29. Re:So what's the deal here. by GooberToo · · Score: 1

      Wow. In the US its the exact opposite. All recovered stolen property is returned to the rightful owner. Which really makes a lot more sense because there are many items which have far more intangible value than monetary value.

      The Aussie law is pretty screwy because it potentially rewards theft and collusion. Now people can knowingly purchase stolen goods based on a simple legal assessment.

    30. Re:So what's the deal here. by Anonymous Coward · · Score: 0

      The FBI won't even investigate international fraud if they can get out of it and will lie to you to prevent you pushing hard enough to make it an official case.

      Of course they won't. They are busy with more important things.

    31. Re:So what's the deal here. by _xen · · Score: 1

      Not if a reasonable man would have suspected it was stolen. This law protects the innocent, such as this case, someone who purchased a house through a legitimate real estate agent.

      Torrens Title is based on the indefeasibility of title. While "fraud" is one of the few grounds for vitiating such indefeasibility, the fraud must be active on the part of the new registered proprietor (ie owner) or their agents. A reasonable person test has no part to play here, ie. even if a reasonable person would have suspected the vendor was not the lawful owner, short of a fraudulent act on the part of the buyer (or agents), the registration will stand.

      If you buy a DVD player ...

      ... you would be buying personal not real property. The legal considerations here are so utterly different that this example is of negative relevance (ie. it is misleading). And again the reasonable person test is not relevant to whether you would have to give it back (though it may be with regard to potential criminal liability).

    32. Re:So what's the deal here. by Anonymous Coward · · Score: 0

      What does the law protect the innocent party from? In the US, the law may protect the innocent party from being prosecuted for possessing stolen property, but that doesn't mean they get to keep it.

    33. Re:So what's the deal here. by hattig · · Score: 1

      What about the legitimate and honest OWNER of the property?

      The new owners can be refunded their costs (house sale, fees, moving, etc), and they can start looking again. They'll have their receipts, so they won't lose out, except in time and stress (which can also be compensated).

      Instead the old owner gets some government assessed value of the property, probably low-balled. In a recession they could be left with negative equity.

      One thing - what about all the goods in the house, did the new owners throw them away? Although it was an investment property, so potentially empty (and not rented out).

    34. Re:So what's the deal here. by DMiax · · Score: 1

      As it worked out it is effectively as if he was forced to sell. At a time where the real estate market is still wonky I can imagine he may have lost a lot of money. There is people that invests in stocks, some invest in land. It could be a life's saving that suddenly loses 10% of the value, without him doing anything, so I do feel sorry for the guy.

    35. Re:So what's the deal here. by DMiax · · Score: 1

      It is not only sentimental value. The real owner could have bought the house at a much higher price. He could have been restructuring and waiting for the market price to be favorable.

    36. Re:So what's the deal here. by DMiax · · Score: 1

      But it may still be at a loss wrt what he paid back then. It is as if he was forced to sell, while he wanted the sale to be profitable.

    37. Re:So what's the deal here. by mapkinase · · Score: 1

      That is true. 5% difference in price could mean 10K profit turning into 10K loss.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    38. Re:So what's the deal here. by Anonymous Coward · · Score: 0

      One of the issues I've seen discussed is that Title Insurance is often there to protect the bank, not the buyer. So it might still be possible for the buyer to lose their downpayment and closing costs. I have seen advice to make sure that the buyer is insured as well.

    39. Re:So what's the deal here. by boxwood · · Score: 2, Insightful

      yup, and also these scammers needed to sell fast, so they likely sold his house for a much lower price than what its worth. So the buyers get a really sweet deal for a house out of it. The bankers make money. The only one that gets screwed is the victim of the fraud.

      Giving the guy his house back and refunding the buyers, would inconvenience the buyer and the bank. But this would be a good thing, I'd think. Then the bank and the buyer would be extra careful to check to make sure this isn't fraud.

      But I guess the government doesn't want to interfere with the banks unless its to throw a bunch of money at them.

    40. Re:So what's the deal here. by Rudisaurus · · Score: 1

      Whichever way you put it, someone gets screwed, in other words, but with property sales like this...there's really no other way you can do it. If you let the title/deed go to the purchaser, yeah, the person whose property was sold is out of a dwelling; but if you kick the purchaser out and return title to the rightful owner, well, what happens if the purchaser sold their old dwelling at the same time? They're out of a dwelling as well. It's a no-win situation as long as the system can be engineered.

      The difference being, of course, that the purchasers were willing to give up their former dwelling for consideration, but the original homeowner -- the rightful owner who was defrauded -- was not. Ergo, title should rightfully be reverted to the original owner and the purchasers compensated for their loss where such fraud can be clearly demonstrated.

      Where were the real estate agents in all of this? We pay huge commissions to these people, in part to ensure that offers are legitimate and deals are as problem-free as possible. What's it for if not to avoid situations like this? Why isn't the purchasers' real estate agent on the hook for the money transferred if they didn't exercise due diligence to ensure that the title was valid? A "block letters" signature? I mean, come on!

      --
      licet differant, aequabitur
    41. Re:So what's the deal here. by AK+Marc · · Score: 1

      I believe that to be incorrect. The title insurance guarantees a clear title at the time of sale. The title was clear. So what is your claim against the title insurance company?

    42. Re:So what's the deal here. by sstrick · · Score: 1

      The issue here is that this law is not normally used to cover the theft of a house (in fact this is the first time it has happened in Australia). Imagine if this was a car, someone buys it (innocently) and uses it for 2 years.

      Would you prefer the car back after two years of use, or the value of it when it was stolen?

      This is a pretty unusual case and as we know the law is one size fits all.

      --

      "Do you think we could wipe out world hunger forever if scientists figured out how to make AOL's Free CD's edible?"-
    43. Re:So what's the deal here. by Capsaicin · · Score: 1

      Letting the "new owners" keep someone's house, that might have big sentimental value is insane.

      What if the "new owners" have been living there for 19 years?

      --
      Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
    44. Re:So what's the deal here. by dark+grep · · Score: 1

      Interesting, since both legal systems are based on the same 'common law' and it is not unusual for US precedents to be cited in an Australian court to assist in tort law decisions (and I believe the reverse is also true). In the case of almost everything except land, stolen property is returned to the original owner. Land ownership however, is a carryover from the English system, whereby the holder of the title deeds is the legal owner of the land. As an extreme example, in most cases the title deeds are held by the bank (along with the mortgage contract). If by accident, the bank opened the wrong safety deposit box and gave the deed to someone else, that person becomes the legal owner of the property, because, they physically now hold the title deeds. It would not be impossible to get title back if such an accident were to happen, but the losing party would have to go to court to prove their case, and the decision would have to be upheld by the supreme court and could still be appealed to the high court. I imagine the reason for this stems from medieval times, where if your castle was taken by force, and you were killed in the battle, as long as your heir escaped with the title deeds, they remained the legal owner.

    45. Re:So what's the deal here. by Anonymous Coward · · Score: 0

      I don't know where you live, but in California this is not the case. The first buyers keep the house. Trust me coming from the Office of Real Estate Fraud in a major District Attorney's Office. The "seller" would only be entitled to recover the losses resulting from the loss of the property. You can read about it in California Civil Code 3343(a)(4).

    46. Re:So what's the deal here. by GooberToo · · Score: 1

      Interesting. Thanks for sharing the back story too.

    47. Re:So what's the deal here. by Fnkmaster · · Score: 1

      Title insurance guarantees that the seller has the right to transfer the title at the time of the sale. In this case, the person claiming to be the seller wasn't actually the seller, so they didn't have the right to transfer that title.

      I just visited the web sites of several title insurance companies and they all seem to talk about protecting against identity theft and faked signatures transferring title, so they at least seem to be *claiming* to insure against this sort of event.

    48. Re:So what's the deal here. by Fnkmaster · · Score: 1

      Okay, in that case, rather than the previous owner regaining the property, they'd settle with the title insurer for an amount equal to the fair market value of the house, and the innocent buyer of the property would get to keep the property.

      In either situation, the title insurer assumes the liability and protects the purchaser from a claim from a defrauded prior owner somewhere along the chain of ownership, which is a valuable function (although title insurance seems in general to be quite overpriced relative to the actual probability of this happening).

  5. Re:This is a non-story. by pookemon · · Score: 2, Insightful

    Please point us to an article where someones house was sold by hacking their e-mail account.

    I'm wondering what happens now - does he make a claim on his insurance for a stolen house (and land)? Do the new owners lose their money/house?

    I'm sure the previously requested link will clarify all this because it's obviously something that happens all the time.

    --
    dnuof eruc rof aixelsid
  6. Re:This is a non-story. by AHuxley · · Score: 3, Informative

    Australia is known to have cleaned up its tax, banking and property sales with complex ID tracking at a points along every transaction.
    Thats is what makes this so interesting.
    Every small move in Australia is watched over many interconnected databases. Mostly for tax.
    http://en.wikipedia.org/wiki/100_point_check

    --
    Domestic spying is now "Benign Information Gathering"
  7. Re:This is a non-story. by Aeternitas827 · · Score: 2, Insightful

    does he make a claim on his insurance for a stolen house (and land)?

    I would be amazed if such a clause or coverage existed in a homeowner's policy.

    At the same time, I think I hear insurance companies pounding away on their keyboards getting ready to introduce it as a $120/year extra...or whatever would be reasonable, never owned a home to know what the costs and whatnot are.

    --
    I don't post AC. I like my -1, Flamebaits. Trump/Sheen 2012 on the Batshit Insane ticket!
  8. Commission by initials · · Score: 2, Funny

    I doubt the real estate agent will be refunding their commission.

    1. Re:Commission by Demena · · Score: 1

      Correct. If they are found not to have acted in full accord with their responsibilities they will have to fork out the full value of the property. But the sale will not be cancelled. A civil suit would follow to cover pin and anguish.

    2. Re:Commission by sharkey · · Score: 1

      A civil suit would follow to cover pin and anguish.

      Would that be "needles anguish"?

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  9. Re:This is a non-story. by Anonymous Coward · · Score: 3, Informative

    Do the new owners lose their money/house?

    Australia has Torrens Title, so once the new owners are registered they have an indefeasible title to the property (i.e. the fact that it was sold by fraud does not render the assignment void). Whether they (or more likely their agents) own the previous registered proprietor any money depends on the facts of the case.

  10. Oh. XKCD! by thatkid_2002 · · Score: 3, Funny

    http://xkcd.com/792/
    You can add house to that list.

    1. Re:Oh. XKCD! by Kilrah_il · · Score: 2, Funny

      Damn, I was saving it for the next Google story. Bastard!

      --
      Whenever in an argument, remember this.
  11. That's nothing... by Anonymous Coward · · Score: 5, Insightful

    Here in the US criminals stole not the House, but the whole Executive Branch thanks to hacked voting machines! (allegedly)

    1. Re:That's nothing... by Yvanhoe · · Score: 1

      ...which should not be modded as funny.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    2. Re:That's nothing... by martin-boundary · · Score: 1

      ...which should not be modded as funny.

      This would not have happened if the new Slashdot Law on Correct Smiley Placement was already in effect :( <- correct

    3. Re:That's nothing... by Conspiracy_Of_Doves · · Score: 1

      It wasn't hacked voting machines. It was poorly designed paper ballots.

      Wait. You are talking about the 2000 election, right?

    4. Re:That's nothing... by Anonymous Coward · · Score: 0

      No, the criminals purchased and paid for the government through a system called lobbying. The whole election process is just misdirection now.

    5. Re:That's nothing... by ScrewMaster · · Score: 2, Funny

      It wasn't hacked voting machines. It was poorly designed paper ballots.

      Wait. You are talking about the 2000 election, right?

      Yes, and I believe the perpetrator was a guy named Chad. But it's okay ... they caught the bastard and hung him.

      --
      The higher the technology, the sharper that two-edged sword.
    6. Re:That's nothing... by mahadiga · · Score: 1

      "If you want to tell people the truth, make them laugh, otherwise they'll kill you." --Oscar Wilde

      --
      I'd like to buy homeland for our 10 million people. http://twitter.com/mahadiga
  12. Were I him, I would... by Anonymous Coward · · Score: 1, Funny

    ...chain myself to my water piping and keep the gun cocked. I'm not leaving MY house. It wasn't for sale so you couldn't have bought it not matter what some f'n pieces of paper say. You burn the f'n papers or I burn the f'n house.

    1. Re:Were I him, I would... by Anonymous Coward · · Score: 2, Insightful

      As much as I find the concept of pyrrhic victory romantic, that's probably the fastest way to have your case ignored by all and sundry. We have reasonably tight gun control in Australia, and assuming you can even get one, waving it around will get you looked down on by pretty much everyone in civilised society. Even your greatest weapon in this situation, the sensationalist media, will turn on you.

    2. Re:Were I him, I would... by Anonymous Coward · · Score: 0

      Indeed. I think the GP just makes himself out to be a lunatic. His actions might be a valid 'last resort', but surely you'd try to go through the proper processes and legal means of getting the property back first, lol ... (or getting compensated for it at the very least)

      Some people just seem to take things to extremes right from the outset. The ease with which many people on /. say they'd be reaching for a weapon is quite disturbing.

    3. Re:Were I him, I would... by Jedi+Alec · · Score: 1

      It's easy to be a tough guy on the internet. Gun ownership strikes me a bit like a sexlife. Those who actually have one feel far less of a need to talk about it all the time.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    4. Re:Were I him, I would... by ScrewMaster · · Score: 1

      It's easy to be a tough guy on the internet. Gun ownership strikes me a bit like a sexlife. Those who actually have one feel far less of a need to talk about it all the time.

      Truer words were never spoken. Well, not on Slashdot anyway.

      --
      The higher the technology, the sharper that two-edged sword.
    5. Re:Were I him, I would... by Anonymous Coward · · Score: 0

      It's not the media itself per se, but the hundreds, or thousands, that it can convince of the worthiness of your cause. Sure, you could pick up a weapon yourself.. but why send one man to fight a battle when you could have a platoon?

  13. Scares the hell out of me by sstrick · · Score: 1

    This does, although I am still not sure how the scammers got hold of the original certificate of title. Here in WA this is still a piece of paper and the settlement agent must have it to complete the transaction.

    It can be replaced although it is extremely difficult to do so (trust me, I lost one).

    --

    "Do you think we could wipe out world hunger forever if scientists figured out how to make AOL's Free CD's edible?"-
    1. Re:Scares the hell out of me by Anonymous Coward · · Score: 0

      I saw in one of the news articles that they made a fake title deed, and it got accepted.

    2. Re:Scares the hell out of me by GryMor · · Score: 3, Insightful

      Wait, so he still has the original Title Deed? Then the house was never properly sold and the Title Insurance company should be stuck with the bill. Under what system can a fake title, after being identified as a fake, survive? That completely defeats the purpose of a Title and Title Insurance. Responsibility for verifying the authenticity of a transaction must always lie with the actual parties to the transaction, not uninvolved third parties, even when one of the parties to the transaction purports to be the third party. To do otherwise creates perverse insensitives for the only parties capable of identifying fraud, the uninvolved third part can't identify it, before the fact, on account of never having the opportunity.

      --
      Realities just a bunch of bits.
    3. Re:Scares the hell out of me by mjwx · · Score: 1

      This does, although I am still not sure how the scammers got hold of the original certificate of title. Here in WA this is still a piece of paper and the settlement agent must have it to complete the transaction.

      But there in lies the problem. The settlement agents (realtors) which had the power to sell the house (possibly also the title papers) were duped by the scammer, it's quite easy to see how this happened, scammer breaks into email account, scammer initiates contact with realtors, scammer instructs realtors to sell houses, realtors sell the houses and transfer the money to the owners "new" bank account. Because the owner is overseas the realtors may have been given the power to do this, as you pointed out there needs to be a physical signing of the papers and few Aussies are now retired Ex-pats living off rental income.

      Where the realtor screwed up and it is the realtor who is most to blame here is not verifying the sale via another method of communication (voice, as in the phone) and it would be the realtor I'd be taking to court over this. By reading TFA it seems the person in question is doing this, also according to TFA the agent did not do a mandatory 100 point ID check. Where the owner screwed up is by A) entrusting a realtor (or at least a single realtor) to have the right to sell a house (I wouldn't leave a multi $100K investment in one persons hands) and B) Not checking his email, a sale takes days or weeks to finalise (esp with a bank involved, I've had friends wait months).

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    4. Re:Scares the hell out of me by Anonymous Coward · · Score: 1, Informative

      Under what system can a fake title, after being identified as a fake, survive?

      Torrens title

    5. Re:Scares the hell out of me by nosfucious · · Score: 2, Interesting

      When my parents paid off thier mortgage, they never actually closed the mortgage.

      The banks still had the title deed. The bank had to keep that document safe (part of the contact). And they deferred the Stamp Duty. When they eventually sold up and moved (Vic to NSW), THEN they retreived the title from the bank. No title deed, no actual sale.

      When (if) I buy property back in Oz, I'll have a Conveyancing Lawyer checking the title. They also check liens and (AFAIR) planning issues that might sneek up on you.

      --
      Q:I was listening to a CD in Grip and it sounded horrible! What's up? A:Perhaps you are listening to country music
    6. Re:Scares the hell out of me by Dunbal · · Score: 1

      Wait, so he still has the original Title Deed? Then the house was never properly sold

            Especially since no one can prove that he received money for the house, either.

      --
      Seven puppies were harmed during the making of this post.
    7. Re:Scares the hell out of me by Anonymous Coward · · Score: 0

      A system so counter to common sense in the modern world (refund buyer, give owner back the property) that it was either set up for specific people's interests (benefit), or is simply in dire need of replacement now that the world has moved on.

  14. Re:This is a non-story. by Anonymous Coward · · Score: 3, Funny
  15. This shouldn't have gotten very far. by Ssherby · · Score: 1

    Everyone knows that Nigerian scammers can't spell and use English grammar correctly

    That should have been the first clue

    --
    You keep using that word.
    I do not think it means what you think it means.
    1. Re:This shouldn't have gotten very far. by Kilrah_il · · Score: 1

      But it was a Nigerian prince! Really. No one expects a Nigerian prince to be dishonest. Just like no one expects a Spanish inquisition... Sorry, off topic.

      --
      Whenever in an argument, remember this.
    2. Re:This shouldn't have gotten very far. by Ssherby · · Score: 1

      Dear Mr. [real estate agent / property manager]

      My name is Doris and I writing too you as wife Mr. [rich Australian] who is in Hospital. Until recently I became nurse to taking care of him as he suffering from pain of rare disease he contracting while in Safari on Africa, then become his wife due too him being kind man. This Hospital can not give special treatment to treating for cure of these disease because payment is not received. My husband say he very rich, but they money has invested in properties of which you are management and agent.

      I have arranging via email with American to make purchase of properties worth $10,000,000 in sell pricing of $500,000 to sent to hospital for treat for cure of those disease my husband is pain from. Please expediting of sell of properties to allow paying of treatment as he is much pain suffering.

      Contacting of American may happen and those documents pertains of properties to sent to you should you reply please quickly with bank information requiring for deposit to make.

      Help please quickly,

      -- --

      Mrs. Doris [rich Australian's last name]

      --
      You keep using that word.
      I do not think it means what you think it means.
    3. Re:This shouldn't have gotten very far. by mjwx · · Score: 1

      Everyone knows that Nigerian scammers can't spell and use English grammar correctly

      Unfortunately quite a few Aussies who made a fortune in the mining industry also fall into this category.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    4. Re:This shouldn't have gotten very far. by tehcyder · · Score: 1

      Everyone knows that Nigerian scammers can't spell and use English grammar correctly

      That should be:

      Everyone knows that Nigerian scammers can't spell, and use English grammar incorrectly.

      or:

      Everyone knows that Nigerian scammers can neither spell nor use English grammar correctly.

      Congratulations on sticking to the age-old slashdot tradition of making a spelling or grammar mistake in any post referring to spelling or grammar.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
  16. Nuke Nigeria by Anonymous Coward · · Score: 0

    It's the only way to be sure.

  17. HomePwners? by acedotcom · · Score: 1

    get it? its a play on words.

    --
    they say it is often more relevant then the comment above, all we know is its called the Sig!
    1. Re:HomePwners? by Kilrah_il · · Score: 1

      No, please elaborate.

      --
      Whenever in an argument, remember this.
  18. First time? by Demena · · Score: 2, Informative

    Horsehockey, This sort of thing has happened many times before in this country. The problem happens because once it hits the registry the registry cannot legally be altered. So if the buyer acted in good faith it is up to the (accidental) seller to recover the funds from the crook. It doesn't happen often because most people are aware of it.

    1. Re:First time? by Culture20 · · Score: 1

      Horsehockey, This sort of thing has happened many times before in this country. The problem happens because once it hits the registry the registry cannot legally be altered. So if the buyer acted in good faith it is up to the (accidental) seller to recover the funds from the crook. It doesn't happen often because most people are aware of it.

      So the "seller"/victim has to constantly monitor the registry or hire someone to do so? I like the "buyer beware" system much better. At least they know they're buying.

    2. Re:First time? by Demena · · Score: 1
      No, it isn't that bad. There are responsibilities all along the road. SOmeone fucked up. The way it works is that the innocent purchasers are protected, they keep the purchase and the innocent original owner is compensated for its value. But that is the verdict of last resort. Pain, aggravation, suffering they are a separate civil suit which would be close to guaranteed a win.

      But this is only if every other remedy and argument has failed. It is a last ditch attempt to discomfort as few innocent as possible. It was a choice made after other systems failed.

  19. Re:This is a non-story. by Demena · · Score: 1

    You don't need to hack an email account to do this. There is a flaw in the laws handling property registry.

  20. Re:This is a non-story. by Kilrah_il · · Score: 0, Redundant

    My kingdom for a mod point. +1 funny... and redundant :)

    --
    Whenever in an argument, remember this.
  21. Re:This is a non-story. by Demena · · Score: 1

    Ya wot? Nothing to see here. Nothing with much accuracy anyway. We do have a system used for resolving identification but it is not particularly onerous. It does mean you cannot have phone, credit card or bank account without having a real name or identity attached to it. That is all it means.

  22. Have we ruled out Carmen Sandiego as the culprit by antifoidulus · · Score: 2, Funny

    I mean Carmen Sandiego and her gang have been known to steal whole monuments, I'm sure a house is a pretty easy job for them.

  23. Dude a DVD player is $35 brand new! by syousef · · Score: 1

    If you buy a DVD player from the back of a pub and it turns out to be stolen, then you have to give it back and would be lucky not to be charged with being in reciept of stolen goods.

    If you buy a DVD player from the back of a pub, you have to give back your remaining brain cell, because it turns out that your brain is faulty. You can buy a damn DVD player from K-Mart for $35 (Aussie Dollars). I'm sure there's even cheaper out there.

    I do understand the point you're making but your example's a bit dated.

    --
    These posts express my own personal views, not those of my employer
    1. Re:Dude a DVD player is $35 brand new! by bloodhawk · · Score: 1

      If you buy a DVD player from the back of a pub and it turns out to be stolen, then you have to give it back and would be lucky not to be charged with being in reciept of stolen goods.

      If you buy a DVD player from the back of a pub, you have to give back your remaining brain cell, because it turns out that your brain is faulty. You can buy a damn DVD player from K-Mart for $35 (Aussie Dollars). I'm sure there's even cheaper out there.

      I do understand the point you're making but your example's a bit dated.

      A fool and his money are soon parted. Nigerian scammers still make a fortune, people still believe that they are being sent that hot naked photo of Actress XYZ, greed clouds many normally rational humans, take someone a little below average and you have a free ATM. I bet if I tried I could find people in a pub to buy your $35 DVD player for $50 and they would think they got a bargain.

  24. ...and they go back to e-mail after all that by lavagolemking · · Score: 2, Interesting

    and have issued email warnings to all licensees in the state...

    Didn't they learn anything? So they still fell back to e-mail as the official line of communication? With people like that running regulatory agencies, it's no wonder our world is so screwed up.

  25. Re:This is a non-story. by jabuzz · · Score: 3, Interesting

    According to the wikipedia article fraud nullifies that at least in the state of Victoria. They used a forged title dead (abait unknowinglly though it matters not) to get the transfer registered. Hence they fraudulantly transfered the title, and in Victoria it would be null and void. I am going to assume that it is similar in Western Austriala, but I have not evidence that it is.

  26. Integrity of house sales system by Wowsers · · Score: 0, Troll

    Here in the UK for as long as it's been, you used to get the deeds to a house when you bought it / paid off the mortgage. It is basically a printed piece of paper which tells you the details of the house, like boundary rights or restrictions, and who is the owner of the house. When under a mortgage, you can see that the mortgage company's details are used as the owner. This document gets updated whenever the property is sold or a mortgage is obtained against it.

    Now a few years ago, these documents which you HAD as the ultimate proof you own your home became a museum piece, and now the only proof that you own the property is an electronic record in the Land Registry.

    Unfortunately these electronic records have already been tampered with, and people have lost their homes because the government decided to trust a computer, rather than have the backup of who has the deeds to the property.

    There was an article in the BBC TV news about the scam, and just how easy it is. This is what you get when you have easily bought politicians who think the answer to everything is a bloody computer system.

    --
    Take Nobody's Word For It.
    1. Re:Integrity of house sales system by ledow · · Score: 1

      Bought a house two years ago. We have the paper deeds. They trump all electronic records (the conveyancer was a family friend, so she explained it all). I call bullshit.

      Most people / mortgage companies store their paper deeds in a secured area, like a safe deposit box, that's all. The land registry's electronic records are only concerned with certain details and are not a definitive legal ruling. And the land registry keep paper copies too, why do you think you have to sign so many forms?

      I'm not saying it isn't possible but saying that paper deeds don't exist is crap. If it was on the BBC, link to it (there'll be a news story on the site still, for years yet). When you buy a house in the UK, the person who does most of the legwork is usually a solicitor (either for you, or your mortgage company) - they don't do stuff lightly, don't generally accept things that aren't on paper (or provide sufficient proof that they can't be sued for not doing their job), and don't want to get into a fight over who owns £200,000 worth of house because they didn't photocopy something.

      I actually bought my house via fax, for at least part of it, from Corfu. But still that was only a last-minute oversight after mountains of paperwork (and even checking of passports in the UK to ensure we were who we said we were) and the conveyancer (a long-term family friend) refused to let the sale go through without something from us on paper - anything else and our word would have been good enough to that friend but they honestly CAN'T take that sort of risk, with the financial rules how they are.

    2. Re:Integrity of house sales system by jonbryce · · Score: 1

      Whereabouts in the UK? Remember that Scotland's land law is completely different to England's.

    3. Re:Integrity of house sales system by Anonymous Coward · · Score: 0

      In fact, the entire problem appears to be that Australian allows the buyers of a fraudulently sold house to retain possession. As buyers are the only ones involved in the transaction, the buyers must be the ones who lose out when the transaction turns out fraudulent. If you buy stolen property, the police should take it and give it back to who it was stolen from, period.

  27. Re:This is a non-story. by FlyMysticalDJ · · Score: 0, Offtopic

    more appropriate than redundant would be recursive.... though somehow doubt such a mod would make it into slashdot.

  28. Does Aus have Title Insurance? by billstewart · · Score: 2, Informative

    Here in the US, it's normal for a home buyer to buy title insurance (and for mortgage companies to require it if they're lending money) which insures that the buyer doesn't lose (much) money if the title is bad. There are all sorts of reasons this can happen - deliberate forgery isn't the only one, though it's not unpopular, as are "selling the same house to multiple buyers", etc.

    The Wikipedia article on Torrens Title looks like the state provides the title insurance in case they've allowed fraudulent transactions to occur.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
    1. Re:Does Aus have Title Insurance? by tsstahl · · Score: 1

      You should know that the title insurance required by the mortgage lender is to protect the _lender_, not you. An additional title policy for the buyer is very often overlooked. Unless, of course, local insurance regs say it does; in which case, never mind. :)

    2. Re:Does Aus have Title Insurance? by Mister+Whirly · · Score: 1

      If there is a problem, and the lender is covered, then the buyer is also somewhat covered by extension. It isn't like if the sale doesn't go through for some reason, and the lender uses the insurance to cover the loans that the buyer would still need to pay for the loan. That would be fraud on the lender's part. However the buyer may lose the deposit, inspection fees, etc. that he may have paid for already.

      --
      "But this one goes to 11!"
    3. Re:Does Aus have Title Insurance? by billstewart · · Score: 1

      Definitely - if you've put down 30% of the price in cash and the title insurance only covers the mortgaged part, you're still hosed, so you need to cover yourself too.

      --

      Bill Stewart
      New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  29. Dupe from a just a few days ago by Anonymous Coward · · Score: 0

    How have there been over 100 comments and not a single one pointing that out?

  30. forged signature by cchheezzaall · · Score: 2, Informative

    The guy was on TV here in Australia. He claimed the authorization signature looked nothing like his , and he said it looked like a 5 year old child wrote it ....

  31. Re:This is a non-story. by Kilrah_il · · Score: 0, Offtopic

    I work with what I've got, man.

    --
    Whenever in an argument, remember this.
  32. buyer should lose by yyxx · · Score: 5, Insightful

    The owner can't protect himself against fraudulent sales because he doesn't know a transaction is taking place. The buyer, on the other hand, knows that a transaction is taking place and that there is a certain risk that it's fraudulent. The buyer has all the power and information necessary to make sure it's not a fraudulent transaction and to insure against it. That's why the buyer should lose the house and it should go back to its original owner. The buyer should have title insurance (either privately purchased or through the state).

    If you don't place the responsibility on the buyer, no party who knows about the transaction has any interest in preventing fraud: the real estate agent gets his cut, the buyer gets a cheap house, and the con men get their money. In that situation, they can all ignore signs of fraud to the maximum degree that they can plausibly get away with.

    1. Re:buyer should lose by Culture20 · · Score: 1

      The owner can't protect himself against fraudulent sales because he doesn't know a transaction is taking place. The buyer, on the other hand, knows that a transaction is taking place and that there is a certain risk that it's fraudulent.

      In fact, the buyer could hire some Nigerian scammers to sell the house, assuming the buyer really wanted it.

    2. Re:buyer should lose by Dexter+Herbivore · · Score: 1

      Actually, the intermediaries and agents are the ones that should identify a fraudulent sale and provide compensation... that's what they're THERE for.

    3. Re:buyer should lose by JesseMcDonald · · Score: 2, Insightful

      That's why the buyer should lose the house and it should go back to its original owner.

      No, the reason the buyer(s) should lose the house to the original and current owner is that no property can legitimately change ownership without the current owner's consent. The legitimate owner of the house was not involved in the fraudulent "sale", ergo any transfer of ownership is void.

      You make good points, but the ultimate reason the would-be buyer(s) cannot take possession of the house is that the house was never sold to them (i.e. by the owner) in the first place.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    4. Re:buyer should lose by yyxx · · Score: 1

      is that no property can legitimately change ownership without the current owner's consent

      It can if the law says it can. And we're having this discussion because there is some question as to whether Torrens title implies that, a question you don't address either. I don't know what Australian law actually requires, I'm just saying that would be a bad policy.

    5. Re:buyer should lose by Anonymous Coward · · Score: 0

      It can if the law says it can. And we're having this discussion because there is some question as to whether Torrens title implies that

      There is no question. This is a text book example of what indefeasibility means under Torrens title --at least my Land Law text introduced the concept with this scenario (sans the email aspect of course). Unless, inter alia, the purchaser(s) are themselves guilty of fraud in acquiring the land, title passes indefeasibly (ie. cannot be undone) upon registration of the new owner. Although Torrens title has many benefits over Old System title, this scenario is a known weakness for which reason a compensation fund is an essential element of the Torrens system.

      So to reinforce what you wrote to GP. Not only can title pass legitimately without the knowledge of the owner, in this case it has.

    6. Re:buyer should lose by yyxx · · Score: 1

      OK, then the Torrens title is broken and a stupid system. A compensation fund doesn't even get close to compensating for this kind of hassle.

      Under a system, nobody has an interest to prevent fraud. That was probably the case here: even if the buyer or agent suspected a scam, why should they bother following up on it if they can get away with pretending they didn't know?

      A priori, I think I wouldn't want to own property in such a jurisdiction. However, there may be legal safeguards, such as attaching additional contractual restrictions to the title (e.g., first right of refusal), so that the buyer needs to get consent from multiple parties.

    7. Re:buyer should lose by Anonymous Coward · · Score: 0

      OK, then the Torrens title is broken and a stupid system.

      Yes I agree and I would add that the traditional system, which Torrens title replaced, was even more stupid. With old system title you aren't really sure whether you own the property you have bought until you've held it for the required amount of time (eg. 20 years). Under that system you really need to take out title insurance just in case there is some defect in title, which can persist literally for centuries, (ie. you need to trace back to original grant or to 20 years (or such) of continuous occupation by a single owner).

      In both systems one needs to establish that the person selling is the real owner. That was not properly done in this case. Under either system such a failure is going to cost someone. Under Torrens title it will be the old owner (who will be compensated from the fund), under old system title it will be the new owner (who remember is still the "new" owner if they have owned the property for 19 years and 11 months), who better have title insurance or they're right royally fucked.

      Remember this is a very rare case, which I understand came about partly because of failings in the WA land titles office new electronic system. Far more common are "new" owners who have bought property and who have not yet owned it for 20 years, whom this system favours. Most of all it dramatically cuts down the amount of legal expenses involved in conveyancing and eliminates the need for title insurance. Which is why Torrens faced such hostile opposition from the legal profession back in the C19th. Though I doubt too many of my colleagues would jump for joy at the prospect of having to do an old-system title (which still exists in some older parts of Sydney and Melbourne) conveyance these days.

      Under a system, nobody has an interest to prevent fraud.

      The authority which in charge of registration is also in charge of the compensation account. And they hate having to disemburse from it. After this event you can be damned sure they are going over how to prevent a re-occurrence.

  33. believed by Anonymous Coward · · Score: 0

    "The thieves, believed to be Nigerian" and Soulskill's "The man was overseas when the Nigerian-based scammers stole his credentials"....lost in copying?

  34. Re:This is a non-story. by rjch · · Score: 2, Informative

    Australia is known to have cleaned up its tax, banking and property sales with complex ID tracking at a points along every transaction.
    Thats is what makes this so interesting.

    Not really. If you'd read the article, you'd have seen the sentence "It is understood the real estate agency did not request a 100-point identity check and was not required to do so." They didn't bypass the 100-point ID check.

  35. Who showed up at closing? by dgun · · Score: 2, Interesting

    Australia doesn't require someone to show up and sign a bunch of crap, I guess. It seems I signed about 5,000 documents both times I purchased a house.

    --
    FAQs are evil.
  36. Re:This is a non-story. by Anonymous Coward · · Score: 3, Informative

    Not so sure you appreciate what the 100 point check means (or maybe I missed the sarcasm). Various types of ID are given points that's all it means. Nothing more.
    A Photoshopped Birth Cert is worth 70 points, and a license, which can be obtained with a photoshopped Birth Cert and a driving test, is worth 40 points. With just this (and maybe a couple of photoshopped utility bills) you can open bank accounts, register company and pretty much anything you like.
    There is no 'interconnected databases' at least none you would feel comforted by, and no-one is watching, unless they've been given a huge tip off before the fact. I used to work for the Tax dept and most of it is hit and miss stuff, exactly the type you would expect from a massive govt bureaucracy

  37. That's what happens by Anonymous Coward · · Score: 0

    When you see porn in Australia!

  38. Re:This is a non-story. by williamhb · · Score: 1

    Australia is known to have cleaned up its tax, banking and property sales with complex ID tracking at a points along every transaction. Thats is what makes this so interesting. Every small move in Australia is watched over many interconnected databases. Mostly for tax. http://en.wikipedia.org/wiki/100_point_check

    You make it sound like a super secure big brother system. An expired passport and a student card gets you over the 100 point threshold.

  39. Some insight into conveyancing: by Anonymous Coward · · Score: 4, Interesting

    Some insight from a UK perspective anyway. I work for a fairly large firm of solicitors in the UK who specialize in property/real estate. Here's a few worrying bits of information:

    We are required to have ID on the file by law, we are not required to check it in any way whatsoever.

    If the vendor/purchaser is long distance from our offices we will accept emailed/faxed copies of all paperwork (INCLUDING ID) within certain easily restrictions such as certified copies, see next point.

    We will create a certified copy of ID from anyone that walks in from the street which is basically a legal way of saying we've had sight of the original. If someone was worried about sending their passport to us by post they could get a copy and take it to a local firm of solicitors/lawyers/attorneys and have them stamp it, we would then accept that by fax or email as if it were the original document. This process is usually done by whoever the office assistant/intern happens to be and they will certainly not know how to check the document to make sure it is an original. In my experience they tend to be more worried about whether or not they will be able to make the photocopier work.

    We are never required to speak to our client by phone or in person, some simply prefer to do business by email for whatever reason. (sometimes language/accent barriers - communicating via google translate is an experience for sure)

    We are not required to check signatures beyond a casual glance to make sure they look similar to the one shown on the ID and this is usually not done. If the document is signed that's good enough for most of the solicitors I've worked for.

    Posting ac for obvious reasons.

    1. Re:Some insight into conveyancing: by Anonymous Coward · · Score: 1, Interesting

      I'm British but not a lawyer. However, my understanding is that if you acted for me in the purchase of a house and the sale was fraudulent then:

      • I'd lose the house and the original owner would regain title.
      • I'd sue your arses and win back the money I'd lost.
      • The huge hike in professional indemnity insurance premiums might be enough to destroy your firm.

      Indeed, slapdash conveyancing has massively increased insurance costs for all solicitors in the UK over the last few years. I hope you're proud of your work.

    2. Re:Some insight into conveyancing: by BobTheLawyer · · Score: 2, Informative

      Your firm needs to tighten up its money laundering procedures - that is an insufficient level of client due diligence. If you are not confident your client is who he says he is then you should not act. If something were to go wrong, your firm would face civil proceedings and it (and potentially you personally) could face an LCS investigation or even prosecution.

    3. Re:Some insight into conveyancing: by Anonymous Coward · · Score: 0

      Oh, well said!

  40. Re:This is a non-story. by AHuxley · · Score: 2, Interesting

    I guess thats the mystery, where did the cash exit Australia. http://en.wikipedia.org/wiki/Australian_Transaction_Reports_and_Analysis_Centre may help.
    In theory a bank at both ends should have seen something???

    --
    Domestic spying is now "Benign Information Gathering"
  41. Re:This is a non-story. by AHuxley · · Score: 1

    And how did you get a passport? An Australian passport is usually documented to some extent ~ expired for a short time or not.
    Nobody wants this in their backyard again.
    http://en.wikipedia.org/wiki/2004_Israel_–_New_Zealand_spy_scandal

    --
    Domestic spying is now "Benign Information Gathering"
  42. Legal to keep stolen property by Skapare · · Score: 1

    .. in Australia? That is essentially what happened. They stole his house and sold it. What if it were a car or a computer? If thieves can steal things and "sell" them to someone else who gets to keep it, something is very seriously wrong with the legal system, there.

    --
    now we need to go OSS in diesel cars
    1. Re:Legal to keep stolen property by Dunbal · · Score: 1

      If thieves can steal things and "sell" them to someone else who gets to keep it, something is very seriously wrong with the legal system, there.

            Yes, the US system is much better, where the government ends up seizing the property and NO ONE gets to keep it.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Legal to keep stolen property by John+Hasler · · Score: 1

      > What if it were a car or a computer?

      The law treats real (i.e., land) and personal property very differently.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  43. Title insurance by Skapare · · Score: 2, Informative

    I don't know about Australia, but in the USA, there is this concept of title insurance. A "sale" like that in the story is invalid because the title was stolen by fraudulent means. So the title is effectively no good. The title insurance (which is there to protecy the buyer with respect to defects in title) needs to pay out to the buyer for their loss and the owner keeps his home. There are already existing cases in the USA where home sales were voided due to improper or fraudulent title. In one of them, the "sale" was reversed 8 years after it was finalized, all because the seller's title was fraudulently obtained. And this was 30+ years ago, before email. The fact that email was involved should make it easier to void the sale.

    --
    now we need to go OSS in diesel cars
  44. Not the first time to happen in Australia by ozzee · · Score: 2, Interesting
    The laws in Australia are ridiculously thin when it comes to dealing with this kind of theft. I dare say that the agent is a tad bit liable for selling the mans house and may want to invoke their liability insurance.

    Real estate agents in Australia are a cowboys compared to the agents I dealt with in the US and yes, I have experience with both.

  45. Link to another article with more details by Anonymous Coward · · Score: 0
  46. "Chinese bank accounts" by Anonymous Coward · · Score: 0

    Hey I know the Chicoms are involved with building African infrastructures but this is going too far.

    Seriously, are there significance with this? Are the Chinese banks easy to deal with or something?

  47. Re:This is a non-story. by Dexter+Herbivore · · Score: 1

    I live in Western Australia... not that that is relevant to my comment... but I feel sorry for the poor bastard that just bought the house and lost money through this scam. Unles the banks cover the loss that is... .BWAHAHAHAHAHAHAHAHA.

  48. Ouch by Emperor+Tiberius · · Score: 1

    I sort of think he should have kept a better eye on his properties, but that's neither here nor there.

    Fundamentally, I think this is why we need some form of authentication that "only you know," but everyone can verify/authenticate against. Most places -foolishly- usually social security numbers here in the 'states. I think that's a terrible idea as the protections surrounding them are incredibly weak. I was going to suggest this fellow have some sort of PGP/GPG setup, but if the criminals got into his email, they'd probably have his passphrase(s) and key(s), too.

    Sigh...

  49. This happened on Law& Order seven years ago... by joedoc · · Score: 1

    Lennie Briscoe was working on this care in 2003:

    http://www.nbc.com/Law_and_Order/episode_guide/305.shtml

    Elderly man owns his Harlem brownstone free and clear. Some scammer steals his identity on line, takes out a second mortgage on the house, hides the money, loan goes into default, bank forecloses, real owner is out on the street.

    Then he finds scammer and kills him. Which is kind of interesting, since the victim is 79 years old in the story.

    So, if they're doing it on prime time TV in 2003, it's not a story today. No matter where it happened.

    --
    Joe Dougherty, Florida, USA
    The words I thought I brought, I left behind. So, never mind.
  50. Re:Where on Earth.. by bigrockpeltr · · Score: 2, Funny

    After all of this time we have finally found her!!! She's in Nigeria!

    --
    $ unzip, strip, touch, finger, grep, mount, fsck, more, yes,fsck,fsck,fsck,umount, sleep
  51. Re:This is a non-story. by interval1066 · · Score: 1

    So... if your Australian you have a number of hoops and checkpoints that verify who you are and record precisely what you are doing, but if your from Nigeria you're probably not going to be bothered much by the same series of checks.

    --
    Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
  52. Don't forget the real estate commission by r7 · · Score: 1

    Can someone really sell a property in AU without the owner's signature? Hmmm.

    A more likely scenario includes the real estate agent as scam leader, and looking forward to the commissions.

  53. Re:This is a non-story. by Beardo+the+Bearded · · Score: 1

    If you can convince someone that they don't have to do the check, I would posit that's an effective bypass technique.

    --

    ---
    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
  54. Re:This is a non-story. by dwinks616 · · Score: 1

    Don't be discussing MY Australian like that! Or did you mean "you're"...I know, it's an easy mistake to make if you didn't make it past third grade.

  55. Pretty much by Demena · · Score: 1

    Except hoops and checkpoints is a bit of an exaggeration. And it shouldn't be harder (or easier) if you are from Nigeria. It isn't that onerous and it isn't that bad.

  56. Re:Where on Earth.. by Psaakyrn · · Score: 1

    No, she stole the Nigerian's identity as well.

  57. Re:This is a non-story. by Anonymous Coward · · Score: 0

    Some idiot in that story posted the exact same question! These fools are everywhere.

  58. Re:This is a non-story. by interval1066 · · Score: 1

    No need to be a dick. Its interesting that I make a non-disparaging remark about a country (presumably "yours") yet you act like I've slapped you in the face. Your best bet for success in life would probably be to grow up.

    --
    Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
  59. Re:This is a non-story. by hesaigo999ca · · Score: 1

    This is why in certain countries you can not complete the transaction without being in person (or a representative) with a notary to finalize a deal...therefor nigerian scammer not being there would have sent up some flags!

    I am surprised more countries do NOT share their info at how to avoid criminal activity...here in Canad, this is impossible to accomplish.