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14 August 2009 / Amanda Eilledge
Issue: 7382 / Categories: Features , Property
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Safe as houses?

Amanda Eilledge assesses the threats posed by mortgage identity fraud

The classic example of identity mortgage fraud concerns the husband in financial difficulty who remortgages or sells the matrimonial home without his wife’s knowledge.

He forges his wife’s signature on the transfer and/or the charge. In most cases, these deeds will be held by the solicitor who believes he is acting for both the husband and wife and will be delivered by him on completion.

The purchaser and/or the lender consents to the purchase monies being released on delivery of the deeds. The husband uses the money to pay off his debts.

A more recent and far more sophisticated variation on this fraud involves a fraudster who adopts the identity of a residential homeowner with a high credit rating and no mortgage.

He obtains a mortgage in the homeowner’s name and absconds with the money. In a recent case I was involved in, the fraudster managed to redirect the victim’s post to a PO box number so that the real owner was unaware of

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MOVERS & SHAKERS

Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

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Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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