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On homes and real estate: Ads worry homeowner

Q. In today’s era, I see ads where people say they’ve lost their homes as a result of identity theft. What are the steps that people can take to protect themselves and their property?

I have also heard that someone can take out a loan on a house they don’t even own. Is this true, and if so, how can you divert such action?

Additionally, when I purchased my home in 1992, a title search was performed and everything came back clean. However, I recently received some paperwork from my county courthouse with the previous owner’s name on it. He and his wife are deceased. How do I handle something like this and how could that name still be attached to the records? I have already paid off the loan on my house.

A. Those ads that have you worried are from companies trying to upset you so you’ll buy something you don’t need. The scams they describe and the mortgage frauds you read about are pretty rare, and I’m sure you don’t need to fret about them at all.

It is worth checking the title with your county’s public records office, though. Explain that you received mail addressed to the wrong person, and find out if you are properly recorded as the owner. If not, get a lawyer working on it promptly.

Q. When my husband and I were 19, we bought a house. We couldn’t get a loan, however, so his parents did it in their names.

His mother had tried to turn the property over to us over the years, but my husband always said no. In 2000, his mother and father finally went to a lawyer and put the deed in our son’s name. When the deed arrived, my husband got angry. His mother denied doing it and said the attorney made a mistake.

His father is now dead and the deed is still at his mother’s house. My question is: Does the deed stand even though it was never filed?

A. A deed does not have to be filed at the courthouse — entered in the county’s public records — to take effect. If it is properly signed and delivered to and accepted by the new owner, title has been transferred. There could be problems later, though, if it was never recorded.

It’s not clear whether your son ever received the deed. The matter is complicated further, of course, if he was a minor. Better consult a lawyer.

Q. We have property in the Dominican Republic that we would like to sell. The property has been in the family for over 50 years and is located in Higuey. There are no longer relatives of friends there who would be able to help. All transactions will be from the States.

A. If I wanted to sell property in the Dominican Republic, I’d make contact with a Realtor there. The word “Realtor” is used only by members of a trade organization that — in this country at least — enforces its own code of ethics.

To find a Realtor abroad, you could go on the Internet, but I think I’d do it through a U.S.-based Realtor who could make arrangements and keep tabs on what’s happening. The local Realtor would collect a referral fee from the Dominican agent, with no extra cost to you.

Call a large local brokerage firm, and ask to speak with the managing broker. If necessary, call several until you find an agent who is interested in your situation and inspires confidence.

Let me know what happens; I’m interested.

Q. I am a real estate agent, and I helped my son buy a property from a short sale. Does “arm’s-length sale” apply to this case? And how? Can I get the commission?

A. Yes, you can receive part of it. But if you are a licensed salesperson or associate, you already know that commissions are paid only to your brokerage company. Your supervising broker would then turn over your usual share of the commission.

The sale would still be “arm’s length” between the seller and your son. They’d have no special relationship, and each would be trying to do the best for himself. But it would be prudent to include in the sales documents a statement that the selling salesperson is not only the buyer’s agent but also a close relative.

Ÿ Edith Lank will respond to questions sent to her at 240 Hemingway Drive, Rochester, N.Y. 14620 (include a stamped return envelope), or readers may email her through askedith.com.

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