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New law takes effect to prevent deed solicitation scams
SHERRY KARABIN
Legal News Reporter
Published: July 10, 2018
It costs just $5 for Summit County residents to receive a certified copy of their deed, yet some homeowners targeted by out-of-state companies in a solicitation scam may have paid at least 20 times that amount.
Jack LaMonica, chief of staff to Summit County Fiscal Officer Kristen Scalise, said the problem is that many homeowners don’t know how easy it is to get a copy of their deed.
“Homeowners do not need the assistance of a third party to obtain a copy of their deed,” said LaMonica. “They can simply come down to our office and obtain one in person or they can download an electronic copy for free.
“Because not everyone is aware of this, especially the elderly and first-time homeowners, out-of-state companies were sending out mailers and notifications in which they were asking homeowners to pay them $80 to $90 for their assistance in getting them certified copies of their deeds.”
LaMonica said the scam was possible because companies were not required to make homeowners aware of their alternatives.
Joe Fantozzi, deputy of recording and legislation for Summit County Fiscal Officer Kristen Scalise, said residents across the state were targeted and brought the scam to the attention of state legislators.
“The scam was going on for a while,” said Fantozzi. “In response a bill designed to protect homeowners from such scams was introduced in 2017 and it passed this year.”
Amended House Bill 52 took effect on May 11.
It requires that companies soliciting a fee for real property deeds make a number of disclosures to Ohio residents, including what it costs to obtain the deed from the county recorder’s office.
In Summit County, the recorder’s office is part of the Fiscal Office.
Residents must also be given the contact information for the county fiscal/recorder’s office as well as the name and address of the person soliciting the fee.
In addition, businesses are prohibited from charging a fee that is more than four times what it would cost to obtain a copy of the deed from the county fiscal/recorder’s office.
Violations fall under the Ohio Consumer Sales Practices Act and may result in a fine.
“It will definitely help to protect seniors and first-time homebuyers across the state from being taken advantage of,” Fantozzi said. “Fiscal Officer Scalise is very concerned about protecting vulnerable populations and is trying to get the word out about the many services our office provides.”
In an email Summit County Fiscal Officer Kristen Scalise stated, “Thank you to the Ohio legislature for protecting our citizens against deed scams. It’s important for Summit County homeowners to be informed about how to access their property records, so they do not fall prey to these deceptive practices.
“I encourage citizens to call my office if they need a copy of their deed, or any other property record. Please share this information with family members, friends or neighbors who may be susceptible to scams.”
LaMonica said a few years ago the office received complaints from property owners who were being targeted in a home valuation scam.
“A Seattle, Washington company called Value Appeal was sending out mailers to homeowners who had their properties reassessed and attempting to sell a home value appeal kit for $99 that would assist them in lowering the county’s reassessed valuation,” said LaMonica.
“A lot of homeowners are not aware that they can appeal their assessed home valuation on their own through the Board of Revision at no cost and this company was trying to take advantage of them.
“We notified the county Consumer Affairs Office,” LaMonica said. “We had been paying close attention to the recent deed scam and the progress of Amended House Bill 52 and were very happy when it passed.”
Property owners who want to obtain a certified copy of their deeds can stop by the Fiscal Office or mail a check for $5, along with a self-addressed stamped envelope to the Summit County Fiscal Office, Recorder Division, 175 S. Main St. 4th floor, Akron, OH 44308. Residents can also log on to (https://fiscaloffice.summitoh.net/) and click on Recording/Property Transfer for more information on how to download their deed for free.