Shelby Co. Register of Deeds Creates Fraud Notification Program to Combat Quitclaim Scammers - Articles

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Shelby Co. Register of Deeds Creates Fraud Notification Program to Combat Quitclaim Scammers

Posted by: Jarod Word on Jan 22, 2024

The Shelby County register of deeds has created a free fraud alert program to monitor real property filings after several elderly residents were scammed using quitclaim deeds, WREG Memphis reports. A recent case involves an 89-year-old man, Archie Foster, whose caretaker allegedly stole more than $200k and had his house transferred to her using a quitclaim deed after becoming his power of attorney. The deed was completed and approved by a Tennessee notary. “[The notary] shouldn’t have prepared the deed,” said TBA Estate Planning & Probate Section member and Foster’s lawyer Gary Jewel. “The notary public, under Tennessee law, are not authorized to prepare the deed.” Jewel soon filed a motion maintaining Foster was unduly influenced, asking for the court to appoint a conservator. Shelby County Probate Court Judge Kathleen Gomes ultimately declared the quitclaim null and appointed Foster’s brother as his conservator. Shelby County Register of Deeds Willie Brooks said his office recorded approximately 35,000 quit claim and transfer warranty deeds last year but it's unclear how many could have been fraudulent. There was one more quitclaim-related case last year in Shelby County which resulted in criminal charges, and a case in 2022 where a Memphis couple fraudulently transferred several homes to a business they owned.