Walk a Kb or Two in my Moccasins- Nobody 'splained it to me like that!

Simple answers to Complex Questions and Complex Answers to Simple Questions. In real life, I'm a Greater-Toronto (Canada) Realtor with RE/MAX Hallmark Realty Ltd, Brokerage. I first joined RE/MAX in 1983 and was first Registered to Trade in Real Estate in Ontario in 1974. Formerly known as "Two-Finger Ramblings of a Forensic Acuitant turned Community Synthesizer"

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Monday, July 31, 2006

Which Guild is responsible for Title fraud?

Re: Bob Aaron's series on Title Fraud

I've just read the latest in the series on Title Fraud in Saturday's Star (July 29/06)

I am astounded that the individuals authorized to register documents on Ontario's electronic Land Registry System are not required to be responsible for their actions.

Surely, those who by position of trust, qualified professional status and or position of employment are approved to enter documents onto the Registry (that everyone else must recognize as true & valid once registered) should be the ones to look to if a fraud is perpetrated.

Is there not an insurance program in place to cover the risks taken on by these "authorized document filers" in the event THEY are hoodwinked AND ALSO to cover damages suffered by the victims of fraud in the event the "document filers" are NOT entirely innocent?

In my view, the holes and cracks in the new Registry system are the responsibility of a) the creators of the software, b) the ministry that approved the system, c) the leagl team that vetted the program and it's transition to full implementation, d) the "document filers" who registered the false mortgage/ title etc documents and e) everyone in the legal community who 'did nothing' to cure the problem after learning of the first instance of fraud/abuse within the system.

Ontarians must be able to rely on the Land Title system - so-called 'Title insurance' for fee simple property-holders, is an insufficient remedy.

Ontarians must be able to rely on the integrity of the individuals empowered to access and modify the database.

Can we know the names of the individuals who registered the frauduent documents in the cases cited in the TorStar article?

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