TIPS FOR

PRACTITIONERS

DEEDS AND TRANSFERS UNDER THE RPA

Fraud in conveyances and transfers of property under the rpo is increasing and attorneys should be cautious in reviewing deeds and transfers which constitute the title to a property before certifying title.

There are Several examples of questionable activities being observed by attorneys conducting property transaction and I have compiled examples of what can be referred to as “red flags” that have appeared consistently in questionable deeds and transfers as well as in deeds which have been the subject of judgments and orders that direct the registrar general to expunge the deed/s from the land registry.

In reviewing the title to a property or properties for the purpose of certifying title do not rely on a list of deeds which constitute the title to the property.

Insist that your search clerk obtain a copy of each deed comprised in the title and ensure that you have a copy of every page of the deed inclusive of the signature page.

If pages are missing ask your search clerk to obtain same or explain why the pages are missing.

Make a list of the deeds you have obtained and list the names of the parties in each deed as well as the attorney who prepared the

deed to ensure there is continuity in the title

Eg

Deed 1234 of 1999 john doe to mary smith

Deed 2345 of 2001 mary smith to harry potter

Deed 3456 of 2006 harry potter to Winnie walker

CHECK THE NAME AND ADDRESS OF THE ATTORNEY WHO PREPARED THE DEED

VERIFY THAT THE ATTORNEY IS A BONA FIDE ATTORNEY AND

THE ADDRESS OF THE ATTORNEY IS A VALID ADDRESS

THIS DEED WAS PREPARED BY ME

JOHNNY BRASHATTORNEY AT LAW

CARPE DIEM & CO

IS THIS A VALID ADDRESS??? 34 GRANGER STREET

SIPARIA

Ask yourself :-DO YOU KNOW THIS ATTORNEY ???

IF NO - CHECK WITH LAW ASSOCIATION to confirm S/he is an attorney on the roll of attorneys

- ASK OTHER ATTORNEYS IF THEY KNOW HIM /HER AND OBTAIN HIS / HER CONTACT INFORMATION

- VERIFY THE OFFICE ADDRESS ON THE DEED BY ASKING OTHER ATTORNEYS IN THE AREA

IF YOU KNOW THE ATTORNEY CALL OR WRITE ATTORNEY TO VERIFY S/HE EXECUTED THE DEED

IF YOU CANNOT LOCATE THE ATTORNEY CONSIDER WHETHER ATTORNEY IS ALIVE

OR IF WAS S/HE ALIVE WHEN THE DEED WAS EXECUTED

- CHECK THIS INFORMATION WITH LAW ASSOCIATION AND OTHER ATTORNEYS FROM THE SAME AREA.

ALSO CHECK IF THE ATTORNEY REGISTERED WITH THE FIU – THERE IS A LIST OF REGISTERED ATTORNEYS ON THE FIU WEBSITE.

IN REVIEWING THE DEEDS IN YOUR SEARCHES CONSIDER ALSO :-

- THE ADDRESS OF THE VENDOR, - THE LOCATION OF THE PROPERTY AND - THE ADDRESS OF THE ATTORNEY PREPARING THE DEED.

ARE THE VENDOR AND THE ATTORNEY PREPARING THE DEED LOCATED IN SIMILAR AREAS OR AREAS IN CLOSE PROXIMITY

JANE DOE LIVES IN CHAMPS FLEURSPROPERTY IS IN CHAMPS FLEURS SHE HAS RETAINED AN ATTORNEY FROM LA BREAWITNESS TO DEED IS FROM ARIMA.

SIGNED AND DELIVERED BY THE )

WITHIN NAMED JANE DOE AS )AND FOR HER ACT AND DEED ) J.Doe

IN THE PRESENCE OF )

Special Witness25 Brick Lane

ARIMA

AND OF MEActive Advocate

ATTORNEY AT LAW

IF THE VENDOR IS IN AN AREA WHICH IS FAR AWAY FROM THE ATTORNEY’S OFFICE, CONSIDER WHY THE VENDOR WOULD HAVE TRAVELLED SUCH A DISTANCE TO HAVE A DEED PREPARED

ALSO CONSIDER THE ADDRESS OF THE LAW CLERK. IT IS NOT UNUSUAL FOR A LAW CLERK TO LIVE IN SAN FERNANDO AND WORK IN PORT OF SPAIN, BUT CONSIDER WHETHER SOMEONE FROM POINT FORTIN WOULD WORK IN ARIMA – FOR EXAMPLE

VERIFY WITH THE PREPARING ATTORNEY WHETHER THE LAW CLERK RESIDED SO FAR AWAY

NEXT CONSIDER THE SIGNATURES TO THE DEEDS

ARE THE SIGNATURES OF BOTH VENDOR AND PURCHASER AVAILABLE

CAN YOU DO A COMPARISON OF SIGNATURES ON ONE DEED WITH SIGNATURES ON ANOTHER DEED?

IS THE SIGNATURE OF THE VENDOR IN YOUR TRANSACTION ON HIS/HER DEED AND CAN YOU DO A COMPARISON WITH HIS/HER ID/DP/PP?

Attorneys are not handwriting experts so this exercise is to determine whether you have doubt about what you have seen

If you have doubt about the signatures

- Request the attorney who prepared the deed with the questionable signature to provide any form of id s/he may have had at the time of execution

- Enquire whether the signatory experienced any medical issues which may have affected their signature eg an accident or a stroke

- Enquire about the age of the signatory – were they much younger when the executed the first deed? Eg they signed one deed at age 30 but signed the second deed at age 60

DEEDS WITH NO COVENANTS

ARE USUALLY SIGNED BY THE VENDOR ONLY

THERE ARE NO SIGNATURES OF THE PURCHASER TO USE AS COMPARISON WHEN PURCHASER IS SELLING.

NO SIGNATURE ON DEED TO COMPARE WITH HIS / HER ID / DP / PP so comparisons are not possible

GOING FORWARD – CONSIDER LETTING ALL PARTIES SIGN DEEDS

DEEDS EXECUTED IN ESCROWTHERE SHOULD NOT BE A LONG PERIOD BETWEEN THE TIME WHEN THE DEED WAS

EXECUTED IN ESCROW AND WHEN IT WAS RELEASED OUT OF ESCROW.

RED FLAG:-WHERE THERE IS A LONG PERIOD OF TIME BETWEEN EXECUTION OF THE DEED AND

DATE DEED IS RELEASED OUT OF ESCROW / REGISTERED

WHERE THERE IS A LONG PERIOD WRITE TO THE ATTORNEYS INVOLVED AND ENQUIRE ABOUT THE LONG PERIOD.

IS THERE A SATISFACTORY EXPLANATION?

I CERTIFY THAT THIS DEED WAS

EXECUTED IN ESCROW ON THE

16TH DAY OF NOVEMBER 2010 PENDING FULL PAYMENT OF THE

PURCHASE PRICE WHICH WAS

PAID ON THE 22ND JUNE 2015

ABLE ADVOCATE

ATTORNEY AT LAW

I CERTIFY THAT THIS DEED WAS

EXECUTED IN ESCROW ON THE 19TH

DAY OF DECEMBER 1995 PENDING

FULL PAYMENT OF THE PURCHASE

PRICE WHICH WAS PAID ON THE

2ND DAY OF JULY 2015

ABLE ADVOCATE

ATTORNEY AT LAW

RED FLAG –LONG PERIOD OF TIME BETWEEN PAYMENT OF STAMP DUTY AND

REGISTRATION

CHECK 1. THE DATE ON WHICH STAMP DUTY WAS PAID2. THE DATE OF REGISTRATION3. THE ATTORNEY – VERIFY ATTORNEY EXECUTED DEED, WAS ALIVE

WHEN DEED EXECUTED.

IF SEVERAL MONTHS OR YEARS HAVE LAPSED BETWEEN THE “STAMPING” OF THE DEED AND THE “REGISTRATION” OF ENQUIRE

ABOUT THE REASONS FOR DELAY.

INFORMATION ABOUT DATE ON WHICH STAMP DUTY IS PAID AND DATE OF REGISTRATION IS NOT RECORDED ON CERTIFICATES OF TITLE so

check the memorandum of transfers(this also applies to signatures, escrow clauses, stamp duty /

registration)

ONLY THE VENDOR WILL SIGN THE MEMORANDUM OF TRANSFER

GOING FORWARD - CONSIDER WHETHER ALL PARTIES SHOULD SIGN RPO DOCUMENTS EVEN THOUGH THE ACT DOES NOT REQUIRE THIS.

RED FLAG - PAYMENT OF BIR STAMP DUTY REFLECTED VIA RUBBER STAMP AND NOT BAR CODE STICKER

- THE BIR STOPPED USING RUBBER STAMPS (APPROXIMATELY 2013)- PAYMENT OF STAMP DUTY IS REFLECTED VIA A BAR-CODED STICKER EVEN STAMP DUTY IS NIL.- CHECK WITH BIR WHETHER THE RUBBER STAMP AFFIXED WAS PRIOR TO OF AFTER THE INTRODUCTION OF THE BAR CODED STICKER- IF THE STAMP IS VALID ENQUIRE WHETHER THE SIGNATURE ON

THE STAMP IS VALID

RED FLAG BIR STAMPS APPEAR TO BE SIGNED BY THE SAME PERSON ALTHOUGH STAMP IS ON DIFFENT

DEEDS IN THE TITLE AND DATE ON STAMP IS IN DIFFERENT YEARS

CHECK WITH BIR AS TO VALIDITY OF STAMP

RED FLAG BE AWARE OF ANY DISCREPANCIES IN HOW DEEDS FORMING TITLE

WERE EXECUTED

EG 1ST DEED IN TITLE :- SIGNED BY VENDOR AND PURCHASER BUT YOU SUBSEQUENTLY DISCOVER VENDOR WAS DEAD AT DATE OF EXECUTION

2ND DEED IN TITLE – RECTIFICATION - NOT SIGNED BY VENDOR BUT SIGNED BY PURCHASER ONLY

CHECK IDENTIFICATION DOCUMENTS CAREFULLY

WHEN IN DOUBT MAKE ENQUIRIES BUT ERR ON THE SIDE OF CAUTION

THE EBC WILL NOT PROVIDE WRITTEN CERTIFicATION OF THE VALIDITY OF THE ID CARD

THE COMMISSIONER OF TRANSPORT WILL NOT PROvide WRITTEN CERTIFICATION OF A DP TO A THIRD PARTy. ASK THE HOLDER OF THE DP TO OBTAIN THAT CERTIFICATION

CONDUCT DUE DILIGENCE ON IDENTIFICATION. FAILURE TO DO SO COULD BE TANTAMOUNT TO NEGLIGENCE

KEEP EBC INFORMATION HANDY TO VERIFY ID CARDS BEING PRESENTED

THE MINISTRY OF WORKS HAS AN ONLINE VERIFICATIONSYSTEM BUT THERE IS A DISCLAIMER WHICH INCLUDES:-

“Use of the information and data contained within this site or these pages is at your sole risk.

If you rely on the information on this site you are responsible for ensuring by independent verification its accuracy, currency or completeness.”

CONCLUSION

WHEN CERTIFYING TITLE:-- CHECK THE DEEDS CAREFULLY- VERIFY ALL INFORMATION PERTAINING TO THE PARTIES IN THE

DEEDS AND MORE PARTICULARLY THE VENDOR’S DEED/S- CHECK DATE OF DEED, DATE OF STAMP DUTY, DATE OF

REGISTRATION, ECROW CLAUSES- CHECK BIR INFORMATION- ERR ON THE SIDE OF CAUTION- MAKE INDEPENDENT ENQUIRIES- SEEK GUIDANCE FROM COLLEAGUES

THE END.