- Posted December 02, 2011
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COMMENTARY: Notaries become accountable gatekeepers to real estate deals
By Bernard J. Youngblood
This month, Governor Snyder signed into law a major step toward protecting property rights. Michigan prosecutors may now pursue felony criminal charges against notaries who knowingly partake in mortgage and deed fraud schemes. In addition, Public Acts 201 thru 204 elevates mortgage fraud as a specific felony with new and more severe sentencing guidelines for those convicted.
As the Register of Deeds for Michigan's largest county, I enthusiastically endorse and support this new legislation.
In Wayne County, we have been at the forefront of prosecuting mortgage and deed fraud. Our Wayne County Mortgage and Deed Fraud Task Force was formed in 2005 and was the first of its kind in the nation.
Our task force partnered closely with our state legislature to advocate for these new property protection laws.
Prior to being elected as the Wayne County's Register of Deeds in 2001, I worked 30 years in the real estate industry as a real estate licensee and appraiser. Working within a variety of complex transactions in the Greater Detroit metropolitan area has proven to be invaluable. My experience showed me that homes were being stolen from their rightful owners with literally the swipe of a pen.
In 2005, I invited the Wayne County Prosecutor and Sheriff to engage in a meaningful discussion about how we could collaboratively combat this new wave of crime developing before us.
After consultation with many victims and other authorities, it became apparent our existing law enforcement agencies did not have the resources available to chase down the streams of paper trail for this new crime activity.
So we created our new Mortgage and Deed Task Force Task Force under the leadership of three Wayne County elected officials.
The following years of courtroom appearances were both frustrating and enlightening. It became readily apparent that the books lacked appropriate sentencing guidelines commensurate with the severity of stealing people's homes.
Many cases led to convictions for misdemeanors resulting only in a period of probation. The courts were not armed to deliver the appropriate punishment to those involved with the paperwork intricacies of forgery and stealing a home or falsifying a mortgage. With this new legislation, that has now been changed.
Armed with six years of fraud investigating activity, the Wayne County team produced evidence and testified before the legislators on the need to update Michigan law.
Our investigative experience of over 850 cases have punctuated the need for identifying a new specific crime and the increasing the sentence guidelines for the likes of the past 77 individuals found guilty. These new public acts will safeguard the right to property ownership in Wayne County and throughout the Great State of Michigan.
It has been a pleasure to be a part of this trailblazing effort that continues to serve, and I salute Governor Snyder and the State legislature for their leadership and efforts.
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Bernard J. Youngblood serves as the Wayne County Register of Deeds.
Published: Fri, Dec 2, 2011
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