Sept. 23, 2025
Protecting Your Home from Fraudulent Deed Transfers with a HELOC
Fraudulent deed transfers are on the rise. In this week’s podcast, I’ll explain why owning your home free and clear can actually make you a target, and how a simple tool — a Home Equity Line of Credit (HELOC) — can help protect your title.
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Well, good afternoon, Michiganders, and welcome back to Tuesday with
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Tom Michigan's Only podcast where we talk about estate planning,
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a state settlement, and everything in between. As always, I'm
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your host, Tom Doyle, the state planning attorney, lifelong Michigander
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and your guide to planning for your future. Brief recap
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of last episode, Goodbye to Paper Checks. I talked about
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the new federal e payments mandate that is going to
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likely affect all of you that are listening to this
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program because it means the federal government is no longer
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going to be issuing paper checks, and the federal government
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is no longer going to be accepting your paper check
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for deposit. So you have your income tax return prepared,
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you owe taxes, you normally write a check and you
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send it off, or you're making your quarterly payments, you
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write a check and you send it off. None of
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that is going to be available for you any longer.
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What you're going to have to do is have things
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done electronically. Or you're looking for a tax refund. You
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might have waited for that check to come in the
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mail so that you could cash it. That check is
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not coming in the mail. It's going to have to
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be electronically transferred to you by the federal government. So
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all of you need to be aware of this important
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change that takes effect on October first, which is only
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about seven days from now. So I encourage all of
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you listen to last week's episode today's show though, protecting
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your home from fraudulent deed transfers with a heelock. But
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remember what I'm about to discuss is meant to be
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for educational purposes only. It is not intended to be
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legal advice. As always, you need to work with your attorney,
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your tax advisor, your financial advisor to determine what makes
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the most sense for you and your planning. Protecting your
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home from fraudulent deed transfers with a helock. Well, let's
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just start out with what is happening and why deed
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fraud is a growing problem in the age of online
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real estate records. Today, in most counties in the state
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of Michigan, real estate records are available either for free
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or for a very small price for downloading through an
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internet connection. So anybody can go to a Register of
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Deed's office where your home is located. Most likely we'll
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be able to download a copy of that deed. Now,
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there can be very good reasons why people might need
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to download a copy of your deed. You might need
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a copy, we might.
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Need a copy in preparing your estate.
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But here is the fraud problem that is brought about
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because of online real estate records. Anybody can go download
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a copy of the deed. Anybody can then prepare a
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deed transferring that property from you to somebody else. Anybody
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could sign or have that deed sign and with the
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cooperation of a notary who might not actually even be
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a legitimate notary but is willing to sign on as
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a notary, you will have had a deed or they
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will have had a deed prepared transferring your property from
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you to somebody else. So that is what a fraudulent
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deed transfer is, downloading a deed, preparing a new fake deed,
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having it executed and notarized and recorded in Many of
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you right there are going to be saying to yourself, says,
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wait a minute, the deed has to be recorded. Doesn't
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the Register of Deeds office make sure that I actually
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executed the deed before they record it? Short answer, No,
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all the Registered Deed's office is doing is making sure
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that the deed on its face meets the statutory requirements
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for recording a deed. That is, it's got appropriate margins,
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it's executed, it's got a notary, it's legible, it has
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a legal description, et cetera, et cetera. So the registered
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deed's office simply records the deed. They don't call you
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up and say, hey, Bob, did you sign this deed
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that is now being recorded.
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They don't do any of that.
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So, now, what's the consequence to you when this fraudulent
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deed is prepared?
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Well?
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One that deed now creates a title, creates a cloud
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on your title to your property because anybody who would
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then go to their registered deed's office and look to
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see who owns it, which is normally what happens when
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somebody is going to buy property. It's going to show
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somebody else owns it. If you tried selling the property,
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you would discover that, in fact, it had been transferred
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to somebody else without your knowledge, which obviously creates a
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cloud on your title. It's going to cost you money
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for an attorney and time to unwide the unwanted if
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you will that fraud and the other problem. Obviously, somebody
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is not going through all of this just to own
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your home. They're going through all of this to do
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one of two things. Either turn around and sell that
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home to an unsuspected person who that person they're selling
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it to is going to go to the Registered deeds
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office see that there's a deed recorded with their registered
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deeds showing that the property got transferred to this fraudster.
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Or it's possible that they.
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Will then go and turn around and apply for a
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mortgage on the property just like you. But hey, I've
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got property. I'm going to the bank. I want to
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get a loan. They're going to put a lien on
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the property. I'm looking for the money. So some of
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the fraudsters actually are there to sell it, and some
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of them are there merely to get the cash. They
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don't care whether it sells or not. They now have
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the money from the bank. So that is what deed
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fraud is today, and because of the ready availability for
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online records, it's becoming a bigger problem. Now, let's say
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you have a mortgage on your property. Well, okay, what
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a mortgage does is it has a lien. The bank
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is going to have a recorded lien on your property,
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so that if somebody goes to the registered deed's office,
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they will see, Hey, there's a lien on this property.
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This owner owes money to bank A and before I
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can receive good title from somebody who's trying to transfer
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it to me, BANKA needs to be paid off. So
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there's a lien on the property, and that makes it
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more difficult than for the fraudster to actually transfer the
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property one in the first place. They're discouraged because of
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the LEAN. So when they're looking through registered deeds records,
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they can find out if you have a lien on
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your property. Same register of deeds records that's going to
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show that mortgage is also going to show any liens
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that are on the property. So with the LEAN, in
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all likelihood, the fraudster is going to say, wait a minute,
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I'm going to look for a property that doesn't have
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a lien on it, because if I'm going to try
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and commit a fraud, I now have to be dealing
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with the bank, and I have to convince the bank
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that it's a fraud, that it's a correct transfer, and
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I just don't want to deal with any of that.
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So we're going to be looking for property.
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They're going to be looking for property that doesn't have
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a lien, which means what you've got a mortgage, you
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pay your mortgage off, that lean is going to be discharged.
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And so when that lien gets discharged your bank, essentially
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that protection of the lean, protecting not not designed to
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but in practicality protecting you from the roster fraudster, goes away.
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So think about that, all right.
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The vulnerability, the biggest vulnerability, is going to be for
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mortgage free homes. Most of us are excited when we
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finally pay off our mortgage. I remember when my wife
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and I paid off the mortgage on our home. Isn't
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that great? We've made our last payment. We own the
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home outright. We don't have to make these monthly payments
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to the mortgage company, we don't have to have an
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escrow for our taxes, insurance, et cetera, et cetera, And
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we now own the home free and clear, and we
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get a copy of that mortgage discharge, and we say
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we've accomplished the American dream of owning a mortgage free home. Unfortunately, though,
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from what I just discussed, that status of now being
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mortgage free can actually make your property an easier target
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for deed fraud, and often, unfortunately, as we know, oftentimes fraud,
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whether it's a fraudulent deed transfer or other types of
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fraud that we've talked about before, often target seniors and
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long term homeowners. Why because it's the seniors or the
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long term homeowner that it has likely paid off their home.
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If somebody is young and just bought the home, they're
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likely going to have a mortgage on it, and that
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mortgage is going to effectively prevent them from that mortgage
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d that fraudulent deed occurring.
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So they're going to be again.
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Targeting seniors and targeting long term home owners. So you've
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paid your mortgage off, you don't want to take out
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a new mortgage because it's paid off, you don't want
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to be making payments.
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Well, consider.
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A home equity line of credit called a heelock.
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What is that?
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So you go to your bank or your lightening institution,
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whoever you're dealing with, and you set up a home
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equity line of credit. That doesn't mean you're actually taking
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the money. It simply means you could take the money
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if you decide that you need it. But in that
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process of taking out the heelock. What's going to happen.
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Your bank, your credit union, your mortgage company, whoever you're
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getting the heelock through, is going to put a lean.
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On your property.
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It's very similar to a mortgage in the sense that
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it's a lean.
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Okay, just like.
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Your mortgage would have a lien on your property. But
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the difference can be you're not taking the money, You're
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just setting up the ability to take money if you should.
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Decide that you needed to use the fund.
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So once you do that, go back to our fraudster,
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go back to someone who's looking at register deed's records.
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They're looking saying, hey, this home has a lean against it.
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We're gonna skip over this one. We're not gonna commit
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fraud on this home because it has a lean. Why because,
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just like that mortgage, if they want to try now
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selling that home, the lean has to be addressed. The
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lean holder, the lender is going to be involved.
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And so again that's going.
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To add that layer of security and verification before any
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transfer occurs. So pay your home off, get rid of
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your mortgage. But one way to address and protect yourself
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now from the vulnerabilility that is basically now being created
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by paying your mortgage off is to put in place
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a helock. Now, if you do this, obviously there's going
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to be a cost involved with it. You're going to
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have to check, you know, with your different lenders on
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what's the appropriate helock for you and what's the cost
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of doing that. But that's all part of the consideration
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in trying to protect your home from that fraud. Now
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you might be saying, too, Hey, you know what I
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see on TV these services right where they say they're
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going to check my they're going to check my real
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estate for me, They're going to let me know and
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they're going to protect my real estate from being sold
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to fraudsters. Well, the problem, the problem with that service
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is they are not knowing that a new deed has
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been prepared. They don't know when a new deed has
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been recorded. They are finding out on your behalf that
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a new deed has been recorded sometime after it's been recorded.
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Well, you could do the exact same thing. You could say,
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you know.
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What, every month, every month, I'm going to go online,
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I'm going to.
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Go look at the registered deeds records.
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I'm going to look at my home on the registered
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deeds records to find out if there has been a
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transfer of my home.
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But all of that is after the fact.
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By then, by the time you find out, it's very
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possible that that home has been old, or that home
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has now had a mortgage, or that your home not
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that home, your home has been sold, or that your
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home has had a mortgage on it. What the heelock
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does for you is that it puts a layer of
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security in varication before the home can be sold, before
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a mortgage.
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Can be placed on the property.
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So don't listen to those TV ads and think that
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that's somehow a solution to your problem. Also, we're very
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keen on recommending to our clients if available. Oftentimes the
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registered deed's offices do themselves have services available where they
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will notify you if a deed gets recorded. Well, again,
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they're notifying you after the deed's been recorded, which by
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then and by the time you find that out, if
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somebody's going to fraudulently take your deed, they're not looking
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to hold on to that deed. It's getting it recorded,
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it's getting it sold asap, or taking out a loan asap,
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