Cortland County Clerk Brooke Kemak Warns Residents of Rising Deed Fraud Threat

Jack Eves: X101, always classic Jack here in studio, and joining me in the studio today is Cortland County Clerk Brooke Kemak. Brooke, always wonderful to see you. How are you enjoying the start of September?

Brooke Kemak: It’s here. Fall weather is blessing us this weekend. I’m looking forward to it.

Jack Eves: Yes, that’s a little hard to accept the changing of the leaves already, but you know, so much going on in the county. And one thing that I saw you highlight and want to make sure residents are aware of is deed fraud, which, you know, is a topic that is not really discussed about, but it has a huge impact if someone becomes a victim of deed fraud, is that right?

Brooke Kemak: That is correct. Deed fraud is something that’s been occurring across the United States. We’ve heard about it a lot down in the New York City area, but we’re seeing more examples upstate, primarily up near the New York State-Canadian border, so we’re trying to make people aware of the risk.

Jack Eves: And some of the issues with deed fraud too, you know, it can involve like the forging of signatures and the recording of documents too that can get published obviously online. And then for those scammers exploiting properties, usually they’ll target properties that are not fully occupied, so it could be a vacant house, abandoned, or even a seasonal home.

Brooke Kemak: Yes, that is correct. What the trend we see is primarily seasonal residences, such as hunting camps and cottages, or like vacant land, such as fields.

Jack Eves: And such as fields and all that. And you know, unfortunately, we have to bring in a specific target of residents too. It’s usually the elderly that will get targeted too, you know, and they can see these paperworks going, and, you know, trying to fight back too when a deed fraud’s going on, it’s not usually an easy task.

Brooke Kemak: No, unfortunately, it’s not. Once the deed is recorded in the County Clerk’s Office, that is part of official records. So if property has essentially been stolen through fraud, at that point, it’s a legal matter, and attorneys need to be involved, the court gets involved. One of the pitfalls to this is hopefully we’re even able to locate the person that posed as the seller. Sometimes they are people within, you know, the area, but sometimes they’re outside the area and they’re hard to track down.

Jack Eves: Yeah, that’s unfortunate, you know, a lot of scams involved people from the outside area that in, and they’re out quick, and then that becomes hard to trace. But, you know, there are some proactive measures people can take, you know, to stay alert, and that includes some notifications too if any type of document is publicly posted, is that right?

Brooke Kemak: Yes, that is correct. So, our software company offers a free service to individuals anytime a public document is put on record in our office, they can receive an email notification. It’s very simple to sign up. I understand not everyone uses computers, but you can input anyone’s name. So if you wanted to help your grandma or your grandpa out, you could put their name in and receive the notification. The website is www.searchiqs.com/fraudalert, and again, that is a free service anyone can sign up for. You’ll see numerous counties across New York State also participate.

Jack Eves: You know, with that alert system too, are there any other steps you’d recommend people take advantage of or even, you know, security measures they can do to make sure they’re not becoming a victim of deed fraud?

Brooke Kemak: Yeah, so when I talk to people, if they in particular have a seasonal residence or vacant land, I always say find a neighbor you can be friends with so they can keep an eye on things if things look out of the ordinary, there’s people there on the property that shouldn’t be, they could give you a heads up. The other piece is sometimes these properties are legitimately listed for sale by the person posing as the owner. So, keep an eye out for “For Sale” signs where there shouldn’t be any. And then our professional community, real estate agents, attorneys, anyone involved in a land transaction prior to it coming to the County Clerk’s Office, that’s an extra set of eyes for red flags. When people don’t want to appear in person or talk on the phone and they only want to communicate virtually or by email, sometimes that’s a red flag that they are not actually the person that currently owns the property.

Jack Eves: Right. Those are good things to know, too. And, you know, it’s an unfortunate thing, like you said, it’s slowly shifting up north, and, you know, people always have that thought, you know, “Oh, it won’t happen to me, it’s anyone else,” but, you know, that’s usually how it happens. And that’s a good way to put it is, you know, become friends with a neighbor and always, if you see something suspicious, report it.

Brooke Kemak: Absolutely. Have people keep an eye out for you. The other piece is county clerks across the state are advocating with New York State for implementation of some laws to help people more on the front end before the transaction occurs. Unfortunately, at this point, we’re a little behind on getting those laws into place, which other states have been able to do. So we’re going to continue to work hard to get those on the books.

Jack Eves: That’s amazing to hear. And again, to receive those email alerts, all you have to do is go to searchiqs.com/fraudalert. And again, you’ll get email notifications whenever your name is recorded in public office. Brooke, is there anything else you’d like to add?

Brooke Kemak: No, as always, people are more than welcome to reach out to our office. We’re willing to, you know, take a look at our records, make sure everything looks okay. If you have any questions about signing up for Fraud Alert, you can reach out, and we can walk you through that process.

Jack Eves: Wonderful. Brooke, always wonderful to see you. Thank you so much for coming in.

Brooke Kemak: Thank you.

Jack Eves: For X101, I’m Jack Eves.