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Web
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Miscellaneous Forum Topics

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lorainemc
lorainemc's picture
A register of tainted property

I think that we need a REGISTER OF STOLEN PROPERTIES similar to what already operates with pre-purchase "title searches" for stolen vehicles. 
1). Create a searchable database of addresses of registered properties.  2).  Charge $10 for each search - a small investment for someone buying a property.  3). Owners with grievances "yet to be finally determined" can register their property. Charge $10 for each registration. 4). It can become self-funding in no time. 5). People who "consent" to the sale can register also. Buyers can be re-assured that there will never be any claim involving their property. Charge $10 for the registration of for each certified Notice.
Where there is a claim of property fraud AND the property is undersold, we need to establish if the title to the property can legally be reclaimed by the true owner within 14 years of a favorable court ruling. ???
If so, this would have the effect of placing a question mark over true ownership for 14 years. 
This is the real objective for the moment ie to PROTECT the property.
How is the property ever going to sell with a question mark (legal or otherwise) over its title?
What other bank is going to want to give a mortgage over such a property? 
Who is going to touch such a property? Remember , these properties cannot be "given away" either as a gross undersale will trigger a fraud/other ? claim at least in Qld. It is critical to get a registered 'current market value' valuation report on these properties.
The another alternative is that the database search does have to carry any legal implications but inherently carries a "bank behaving badly story" and some sort of stigma in that way. Watch for bad calma when you buy. eg. No one wants to buy a house where people died or a heinous crime committed. Many people would not buy if they knew our personal stories - the story that their new house "holds" within.
Not many people can win in court regardless of the merits of their case. Not many people can afford the level of representation  - skill, expertise, and authority that is required to even get a 'look in'.  Nor keep carrying it all the way through the Court system for the years and years that it takes.
It is critical to keep these cases out of court and GET THE BANK to the point where "IT"  WANTS to settle. 
It is when the property becomes "unsaleable" (or can be clearly evidenced as sold significantly undervalue ie fraud) that people can start to win against banks - fighting it on their own turf - commerce. 
The banks will  happily come to the table and 'adjust contracts' to enable their owners to stay on and keep paying a most likely 'reduced mortgage payment'.  Banks have this power. They just have to be 'encouraged'. 
The 'selling stolen property' option has to become less attractive ie questions over title  = no finance = "unsaleable".  
Just an idea!

John 4732
John 4732's picture
A register of tainted properties

an excellent idea.

jacq
jacq's picture
This is a brilliant idea!

This is a brilliant idea!

NaBankster
NaBankster's picture
A register of tainted properties

It is a good idea and one of the worst offenders in making sure that every last cent is sucked out of the equity in any property before it is sold are the specialist bank lawyers. The likes of Gadens and others would have to go and rip someone else off in some other manner. I just dont know how it gets off the ground without some sort of political backing because it needs to be backed up by legislation to ensure the registration details are outlined on the certificate of title. At the moment everything is in the banks favor. You never know, someone might know someone who knows someone.

96

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