For many, homeownership is considered the pinnacle of the “American dream.” However, some Harris County homeowners had that ripped away from them without even realizing it.
According to NBC affiliate KPRC 2, at least two cases involving unauthorized transfer of property deeds have been linked to the Houston-based Surrogacy Escrow Account Management (SEAM) — a company whose mission is to manage funds between intended parents and their surrogates.
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In June 2024, Harris County Real Property Records revealed there were a couple properties mysteriously deeded to a Helen Yancy — all on the same day (March 20, 2024). Yancy has been named a defendant in an ongoing lawsuit against SEAM. The owner, Dominique Side, is accused of using company money to fund her luxurious lifestyle — spending millions of dollars of her clients’ money.
At the time of this writing, media reports have not indicated as to why these specific Harris County property deeds were targeted and illegally transferred to Yancy, who has connections to SEAM. Her name was added to the properties without the knowledge of the homeowners, all of whom claim she is a total stranger.
One of the affected homeowners is Selia Ybarra, whose home has been in her family for six decades. “How can somebody [take] what you work hard for?” she said in a KPRC 2 interview. “It’s stealing. It just turns my stomach.”
If the alleged unauthorized property transfers could happen without these homeowners’ knowledge, could it happen to you?
How can property deeds change hands?
Just like in the boardgame “Monopoly,” property deeds indicate who owns a piece of real estate by detailing the transfer of ownership from seller to buyer.
The laws regarding property deeds are regulated by state and county government authorities, and can vary based on where in the country you live. The laws around changing names on a property deed also differ based on which state you call home.
According to the nonprofit Texas Legal Services Center, transferring a deed is handled by two parties: the “grantor,” who is either selling or giving away the property, and the “grantee,” who is receiving the property.
To make the transfer, the grantor needs to sign away the deed to the grantee in front of a notary public or “two credible witnesses,” which is then filed with the county clerk to make the transfer of ownership official.
Although the terms are often interchanged, a property title and a property deed are not the same document.
A property deed is the physical document that transfers the ownership from seller to buyer, while the property title is someone’s “right to legal ownership.”
With the situation described in Houston, the legitimate property owners have accused Yancy of forging their signatures on the property deed in order to transfer them into her own name, then filing them with the Harris County Clerk to establish herself as the owner. The SEAM lawsuit, which involves Yancy, is still pending.
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How to respond to property deed fraud
For the homeowners in Harris County, the story ultimately had a happy ending. Marianne Roback and Lori Hood, two local attorneys, discovered the suspicious property deeds during an investigation for their lawsuit against SEAM.
Roback told KPRC that she reached out to Yancy, the defendant, via email and worked with her to have the deeds transferred back to the affected homeowners.
“[I] asked her if she was willing to re-convey those properties back to the homeowners, and she responded and agreed,” Robak said.
According to a real estate attorney interviewed by KPRC 2, getting a deed transfer put back into the right name requires one of two things: a court order or the fraudster’s agreement to return the property.
Not all homeowners are as fortunate, however, as some only find out that their property deed was altered once they try to sell their home.
According to the National Association of Realtors, property deed fraud is on the rise. Using simple transfer forms such as quitclaim deeds and forged signatures from identity theft can lead to deed theft.
Sourcing data from the FBI, it’s believed real estate and rental fraud cost consumers more than $145 million in 2023. The Consumer Financial Protection Bureau says some of the signs you may be a victim of property fraud include not receiving regular bills for utilities at your home, unusual changes on your credit report, or collection notices for debt that you didn’t apply for.
If you suspect you are a victim of property deed fraud, the first step is to contact your local real estate registration authority and do a records search on your property.
Should you discover that the property deed has been transferred to someone else, the next step is to report it to local law enforcement authorities. You may want to consider hiring an attorney and filing a lawsuit to re-establish ownership.
There are also paid services on the market that can monitor your home records and alert you of any changes you didn’t approve. On the downside, these products will only alert you if a record changes, and doesn’t necessarily prevent a crime from happening. Otherwise you may want to see if you can secure insurance that would cover this type of loss.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
Source Agencies
