Oregon REALTORS® has learned of a nationwide rise in fraudulent sales associated with vacant lots. Reports of fraudsters holding themselves out as owners of vacant lots have been on the rise on the east coast, but recently made headway into Oregon. Unlike mortgage or wire fraud scams where a cybercriminal intercepts or impersonates a real estate agent and diverts funds, the criminals in these “vacant land scams” impersonate a landowner from the beginning and oftentimes enlists an agent to assist with the listing and sale of the land.


The scam tends to follow the below steps:


The scam targets vacant land or vacant parcels, though sometimes also target rental properties. The criminal will search public records to identify the property owner and to determine whether the real estate that is free of mortgage or other liens.

  • This tends to affect elderly and foreign real property owners; but can affect anyone.


The criminal will pose as the property owner and contact an agent to list the property for sale.

  • These “sellers” will oftentimes request listing at below market price to ensure a faster sale or to “generate more interest.” Alternately, the “seller” may pretend to be a distressed seller in need of quick cash to justify the low price and short timelines; they may claim there was a family emergency or sudden debt that must be paid off immediately.
  • The “seller” will generally favor all-cash buyers and quickly accept a cash-offer when one is available.
  • “Seller” may not require any Earnest Money in order to speed the sale along to closing.

  

The criminal posing as the property owner will refuse to sign closing documents in person, oftentimes will be “away on vacation” or “abroad.” They will be unable to meet in person or communicate in person, and everything will be done by mail or email.

  • Email addresses or phone numbers may be from another state or country; photo IDs are oftentimes barely legible or of such low quality that they are difficult to scrutinize.
  • The criminal will regularly make excuses for why they are unable to meet obligations under the contract or for why they have failed to return paperwork.
  • As you get closer to closing, the criminal may seem more angry or may offer incentives to the broker if the deal goes through; these are pressure tactics to bypass broker diligence.


The criminal will refuse to sign closing documents in person and will request remote notary signing.

  • In some cases, the criminal or a co-conspirator will also impersonate the notary and provide falsified documents to the title company or closing attorney.


The fraud is generally discovered when recording the transfer documents in the relevant county. 


There are several ways to prevent or limit the risk of these scams:


Exercise extra caution when any of the following red flags are present:

  • The listing involves vacant land or a vacant condo.
  • The property is listed for significantly below market value.
  • The seller is not in Oregon and/or out of the country.
  • The seller will only sign documents remotely and will not provide someone to meet locally.
  • The seller refuses to provide detail about the property such as HOA information or information about wells or water rights.
  • The seller is aggressive and set to close quickly.

     

Independently search for the identity and a recent picture of the property seller or independently attempt to identify the ownership of the property.

  • Do not use the owner’s contact information provided in the Zillow ad or provided by the “seller” or the listing agent; independently find a telephone number for the owner or send an overnight delivery service letter to the address where property tax bills are sent.

Ask for specific property details.


Talk with the seller’s agent and to determine whether the agent has actually seen or spoken with the seller or whether all communications have been by email.


Request an in-person or virtual meeting and to see the “seller’s” government issued identification.


Be cautious when a seller accepts an offer below market value in exchange for cash and/or a quick closing.


Never allow a seller to arrange their own notary closing.

  • Verify that the notary is a real person appointed by the applicable governmental agency (you can search for or request information on “active notaries” in the state to ensure the notary is valid).


Consider requiring a second form of identification with the closing documents.



Use trusted title companies and attorneys for the exchange of closing documents and funds.

 

If you or a property owner have been the target of an attempt to sell property without the actual owner’s consent, the victim of the scam is encouraged to contact the FBI to report the fraudulent activity and to get assistance in stopping the perpetrator. More information regarding contacting the FBI can be found at the following link: https://www.fbi.gov/how-we-can-help-you/safety-resources/scams-and-safety.

 

You can also call the Oregon Department of Justice Consumer Hotline at 1-877-877-9392, or contact the FBI field office in Portland at (503) 244-4181.