261–270 of 360 posts
Earlier quoted context omitted.
The UK also has national ID system. It is almost unique in Europe in this respect.
The UK doesn't have a national ID system. It's not clear how such a system would help in this situation - if the fraudster managed to get a driving license, why would they have a problem getting an ID card.
They are not perfect, but it raises the bar.
This exact reason is why in the US you physically need to be in person to sign loan documents to purchase property. You need 2 forms of ID, verified by the parties, copies of it taken, and notarized.
> Once the house was sold to the new owner for £131,000 by the person impersonating Mr Hall, they legally owned it. That's nuts. Why isn't it the case that the person who failed to properly vet the seller is out of £131,000 and the house? So I can "buy" a local mansion and then say "oops, I didn't know this random guy didn't own it. Oh well."
You are confusing who actually owned it, or who morally owned it, with who legally owned it. The claim is not that, once the legal issues and the fraud get untangled, the buyer will be held to be the rightful owner. The claim is that AT THE MOMENT, while the 'new owner' is listed in the Land Registry as owning it, and the 'old owner' isn't, the 'new owner' temporarily legally owns it. They have written this article a…
I don't understand by what logic this sale is temporary? What mechanism can undo the sale?
Earlier quoted context omitted.
It is the same with a Solicitor but if they followed the correct process and the problem was actually with, say, the DVLA who issued a driving licence in the wrong name, I'm not sure who is liable for the error.
Why would you use a driver's license when everyone can have a digital ID card? In Belgium the notary will always ask for your digital ID card.
Earlier quoted context omitted.
The UK doesn't have a national ID system. It's not clear how such a system would help in this situation - if the fraudster managed to get a driving license, why would they have a problem getting an ID card.
Many national ID systems in the EU have a digital component. With two factor authentication. They are not perfect, but it raises the bar.
Or is the 2FA not worth the paper it isn't printed on when it comes to replacements, and you're back to the same level of proof you need for a driving license or passport.
Me thinks due diligence by all members involved in this transaction was severely lacking and they should be held accountable. I.e. Real Estate agent, bank, brokers, what have you. One could even say they all conspired in this property theft.
Alternatively, perhaps the victim was lacking some sort of documentation that allowed the illicit procurement to occur?
Earlier quoted context omitted.
> To evict someone you have to swear up and down that you're going to occupy the place yourself. Where do you get this from? It's not like any US law I've ever heard of. For the evictions I've worked on, the homeowner simply wanted the tenants out (non-payment, etc) so they could re-rent or sell the property. They didn't ever have to live there.
https://sftu.org/justcauses/
The listed causes for eviction all seem fairly typical - like non-payment.
In the US, there is title insurance. If the seller didn't have the legal right to sell the house, the house reverts to the legal owner, and the buyer is paid back by the insurance. It's not possible to get a mortgage without title insurance, and a cash buyer would be nuts to not demand it from the seller. In some states (example, California) it can get more complicated, though, because the right to sell a house isn't…
In some states you can buy a house without title insurance. I assume this is so that people who enjoy Russian roulette and jumping out of planes without parachutes can enjoy the same adrenaline rush when buying a home.
https://www.texasobserver.org/entitled-to-profit-in-texas-ti...
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Actually, in this case it should be both. It is a civil matter to get the house back, but obviously there was also some criminal fraud involved. The victim of the fraud though is presumably the land registry rather than the house owner.
> It is a civil matter to get the house back Well that's what he cares about.
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Please don't throw around accusations of victim-blaming like this. No one is claiming that the victim is at fault. But I do think it's useful information to pass along that it's possible to get notified of things like this before they become big problems. It's like... it's not my fault if I get mugged at 3am in a part of the city known for being full of violent crime, but I also should have known better than to be wa…
The problem is the absurdly unjust system that needs monitoring. It's not "just the way the world works", because it doesn't have to be the way that it is, and it should not be the way that it is. A system that requires constant, complicated intervention to function properly ensures that those with the resources and background to know that they have to exercise constant vigilance against malfeasance will come out ahe…
What would you have be done differently, immediately turf out the new 'owner', who in his eyes paid for it fair and square?
Assuming it's all true, presumably it will be returned to the true owner, the transaction reversed, and the cheated non-owner will have a solid civil case against the defrauder for the inconvenience and expense.