There’s nothing wrong with selling a property you own. There’s something very wrong with forging documents to transfer a property to your name, selling it, and pocketing the proceeds.
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The latter is exactly what Alba and Jarin Martinez are accused of doing.
The Texas husband-and-wife duo are accused of falsely claiming ownership and selling properties they didn’t own, according to an April lawsuit filed by the Harris County Attorney’s Office.
The couple is being sued for more than $1 million in damages and is said to have falsely claimed ownership of at least 35 properties in Harris County, reported ABC13.
A judge signed a temporary injunction to prevent the Martinezes from filing documents related to these properties, according to KPRC 2.
But Alba Martinez has been accused of violating the court order in two instances, including one reportedly caught on camera, and the county is asking that she be held in contempt of court.
Caught on camera?
KPRC 2 says it got surveillance video footage of Alba signing a contract on May 22 to sell a property in the Acres Homes neighborhood to Sasser Land Group, a land acquisition company.
Court records show that the property in question was owned by a couple who passed away and left it to their heirs. The Martinzes allegedly used a fake warranty deed and affidavit of heirship to attempt to pass the property off as their own.
Kenneth Sasser, who runs Sasser Land Group, said he was suspicious from the start, when Alba offered up the property for just $25,000.
“She kind of framed it as she was strapped for cash, that she was going to lose her property,” Sasser told KPRC 2 News. “She claimed that she was behind on her taxes.”
Eventually, Sasser agreed to pay $132,000 and prepared a contract for Alba. He said she had a chain of title, warranty deed and a receipt for a recently paid property tax bill.
But once Sasser and his team visited the property, spoke with neighbors and saw news coverage of the Martinezes, they realized the transaction may be fraudulent. Martinez told Sasser’s team the property was an inheritance from her late stepfather, but attorneys said there is no supporting evidence to back up this claim, according to KPRC 2.
Sasser, meanwhile, is happy he did his due diligence.
“It could have damaged the reputation of my business," he told KPRC 2 News, describing Martinez’s actions as “ruthless and heartless." And he hopes the Martinezes are held accountable for their actions.
Sasser’s company has since filed a report with the Houston Police Department. No charges have been filed yet, but investigators are working on the case.
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How to protect your property from real estate fraud
In 2023, the number of real estate fraud complaints filed totaled 9,521, according to the FBI’s Internet Crime Report.
Unfortunately, it appears all too easy for criminals to forge documents that make them appear to be the rightful owners of a property, allowing them to potentially sell it out from under you. It’s important to be vigilant to avoid becoming a victim.
First, never leave your property empty for long stretches of time. Properties that don’t seem to be lived in can be easy targets. If you own a second home, have a neighbor check in from time to time, or hire a property manager.
It’s also a good idea to set up a Google alert for the address of your property if it’s not one you live in full-time. That could alert you to a fraudulent listing of your property.
In this regard, be sure to monitor property records in the county where your property is located. Some counties even offer a title alert system you can sign up for so you’re notified of filings right away.
You may also be able to purchase title insurance that protects you from home title theft. Usually, though, these policies only protect you from theft that occurred before purchasing your property, not after.
Consider placing your home in a trust, which can also be a beneficial move from an estate planning perspective. This way, the trust becomes the property’s owner. Forging documents can be more challenging and complicated when a trust is involved, which may offer you some degree of protection.
Finally, ensure that you safeguard your personal information to prevent both property and general identity fraud. Never give out your Social Security number unless absolutely necessary (such as when filling out paperwork for a new job), and regularly monitor all your financial accounts, including bank accounts and credit cards.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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