WARNING!! and help please

WARNING!! and help please

Justin R.Pro Member
Rental Property Investor · San Anselmo · Member since 2015 · 659 posts · 600 votes

I recently became victim to a complex real estate wire fraud scandal. I am writing this first of and foremost to get the word out there so no-one else follows in my footsteps. At the same time, if anyone has any suggestions of what I can do at this point please steer me a the right direction.

I live in the state of California and three weeks ago I was purchasing a home in the state of Georgia. According the law enforcement, my Real estate agents email (unsecured Gmail account) had been compromised prior to our escrow. During the closing period, a scam artist initiated contact with the closing Attorney and identified themselves as me.

Once they had created a communication thread with the closing they were then able to subsequently email me and act as if they were the closing attorney. They were able to appear very professional and answer all of the correct "lingo" because they were simply copy and pasting the words and acting as an "intermediary" back and forth. I therefore never had any "real" communication with the closing attorney because I was just replying to their initial email. The scam artist simply took everyones email address, and changed it by one letter.

When the closing attorney sent the wire instructions, they were manipulated and the checking and routing numbers were changed to a fraudulent account. Unfortunately, I lost a great deal of money on this scam. The FBI just let me know I have no chance of getting my money back due to the funds changing hands thru so many "mules" almost instantly. 

At this point both my agent and closing attorney have been supportive, but take absolutely no fault in their actions. My agents email was the only one that was hacked, and the closing attorney was the first one who took the bait, and never had any real communication with me.

Please be warned of this scam and never do any important transactions with industry professionals who do not use a secured source communication. In addition, alway ensure you pick up the phone and repeat account numbers with closing attorney/title company. If anyone has ANY suggestions of what I can do civilly, etc, please contact me. I have talked with a few attorneys, but none of the have any experience with this type of fraud. Is it business malpractice, litigation, wire fraud, they all say this is beyond their "scope."

Be aware, and please help

Thanks,

Justin

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Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
9y

@Justin R. of course they don't feel like it's their fault, and their premium stands to go up if a claim is filed. It doesn't really matter what they feel. Your email wasn't compromised, your agents was. If he did not exercise reasonable care to protect his client's financial interests by having a strong password or protecting the computer that he used to process your information and do his business then that is his fault.

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  • Brooksville, FL · Member since 2012 · 429 posts · 220 votes
    9y

    @Justin R.    Question answered then, i don't need an actual #.   Sometimes houses in GA are pretty inexpensive so I hoped it was on a 10k trailer.

    Best advice is to fight to get someone to track the money.   Maybe you can see where it lands in the end to do something about it.     We all assume it left the country and is out of reach, but you might get lucky.     Should be interesting if you could get the title company or realtor's E/O insurance to cover.  

  • Justin R.Pro Member
    OP
    Rental Property Investor · San Anselmo · Member since 2015 · 659 posts · 600 votes
    9y

    I have been in constant contact with the FBI. The money is gone. It was immediately funneled thru many "mules" and fraudulent accounts. A "mule" is just a low level criminal who does the work of anyone who can get caught. For example, the ringleader does not walk into a bank to pull out $$$ so the cameras have his/her face to record. They pay a "mule" a small amount to pull out the money from many various locations.

  • Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    @Justin R.  The agent had a duty to keep your information confidential.  I would blame them.  If their insurance does not want to pay, I would file either a state or federal lawsuit against them.  Get a good attorney. 

  • Buffalo, NY · Member since 2015 · 252 posts · 109 votes
    9y

    This is one of the crappiest things I've heard in the REI industry thus far. Very scary to think about how easy it is to manipulate these things over email. So sorry to hear about this happening to you! I do appreciate you sharing it for others. I will certainly remember your story for future deals...

  • Chris MasonPro Member
    Moderator
    Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
    9y

    E&O insurance is probably the OP's best bet.

    LURKERS:

    • When you go into contract and have to make your EMD, bring that check to the title company physically in person. Pick up a printed copy of your wire instructions at that point and always refer back to that. So far, I've not heard of fraudsters setting up an entire fake title company branch, so if you walk in and it feels like a title company and has a bunch of middle aged women in cubicles typing away and talking away on landline phones, with other couples and babies in strollers hanging out in the front waiting area type place, it's probably a title company. Your agent will also be able to let you know if they've done business with XYZ Title on 5th Street before.
    • Immediately prior to ordering the wire, you can call the title company and have them recite the routing/account numbers etc to you, with that copy of the wire instructions in-hand in front of you. None of the routing/account numbers should have changed.

    I've never had this form of wire fraud happen to one of my peeps, but stories about it have been on the rise for the last few years.

  • Real Estate investor professional · Suwanee, GA · Member since 2016 · 233 posts · 81 votes
    9y
    Originally posted by @Justin R.:

    I was advised by someone to contact the state bar in GA to file a complaint with the closing Attorney. They mentioned as an "Industry Professional" they failed to follow "best practices" and were negligent in their actions. My "advisor" said they will simply make a claim with their emissions insurance.

    Does this sound like sound advice, or should I go the route of litigation?

    Thanks

     Another method being practiced is physically faxing sensitive information to the attorney vs email...it's hard to hack a fax line.  

  • Spartanburg, SC · Member since 2015 · 6 posts · 3 votes
    9y

    @Justin R. Thank you for posting this.  It is always good to have a reminder to stay diligent, as crooks are always finding a new way to scam people.  I'm sorry that this happened to you.

  • NYC, NY · Member since 2016 · 619 posts · 456 votes
    9y

    @Justin R. So, sorry to hear that this happened to you.  

    But I am going to agree with @Ralph C.  

    I've noticed this trend of using fax machine for wiring instruction being used by banks as well as attorneys.     

  • Carlsbad, CA · Member since 2014 · 7 posts · 2 votes
    9y

    Filing a complaint with the GA state bar will not make you whole (get your money back), and is not likely to help in any discernible way. You really need to file a claim against the transaction atty's malpractice policy, as well as your agent/broker's office for negligence if they were using communication media that are insecure, knowing the risks inherent in same. 

    Your best option is to consult with a lawyer who handles professional malpractice (attorney). S/he will be in the best position to assist you. Assuming that your lawyer/agent were working in the state of GA, you'd want to find an attorney in that state. 

    Good luck.

  • Investor · Saint Charles, MO · Member since 2016 · 118 posts · 91 votes
    9y

    Are there other methods of transferring funds to close a deal (besides wire or check)?  

    What are the common methods and why don't more people use cash (legal tender)?  Newb questions I know but I'd like to understand.  

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    9y

    @Clint E. , the reason people do not use cash is no one wants to be walking around with $300,000 in cash to attend a closing. The title company doesn't want $300,000 in cash to be in their office - that's just asking someone to come rob them.

    The most common methods of transferring funds are wire and check, and more and more it's just going to wire transfer.

    My last closing almost didn't happen because I thought a cashier's check would be fine, but the title company told me at the very last minute that they no longer accept cashier's checks. 

  • New Haven, CT · Member since 2016 · 23 posts · 8 votes
    9y

    @Justin R. Have you taken a technical route. I am sure there is away to track this guy down through the emails he/she sent. Unless he/she hid his IP address while doing all of this chat back and forth. Best case scenario he didn't! Its worth looking into. That's if you're looking to put this guy behind bars and its not hard to find IP's a quick search in google may be able to tell you for free where the guy is located. (Just A Thought) 

    I am no professional, but whoever wired that money to that account needs to swallow a big piece of humble pie. I like what the guy suggested about contacting the state bar in GA to file a complaint, but again I'd also keep digging for more info. I hope this helps!

  • Justin R.Pro Member
    OP
    Rental Property Investor · San Anselmo · Member since 2015 · 659 posts · 600 votes
    9y

    James, the FBI assigned a computer scientist for the case. I sure hope the criminal gets caught, but like I mentioned earlier, it is extremely difficult to find the ring leaders. Whether they find the criminal or not, the money is definitely gone. 

    My hope with filing a complaint with the Georgia bar was to get the closing attorney to act, and possibly file a claim with their malpractice.

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
    9y

    @John Thedford @Jay Hinrichs @Mindy Jensen Didn't know that about title companies not accepting cashier checks these days. I do all of my closings with the same title company, and always use cashier's checks. I can see how wired funds would be preferred when the title company is unfamiliar with the buyer and/or seller. I suppose that's one more check box in my "Why I always work on local properties" manifesto - I never have to work with an unfamiliar title company :)

    Skyline Properties
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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @JD Martin  most stopped accepting them a few years back... and in my lending days I saw forgeries  in the late 2000's ...

    but I know small mid west closing attorney shops that will still accept personal checks from their best clients...

  • Residential Real Estate Broker · Noblesville, IN · Member since 2015 · 47 posts · 27 votes
    9y

    @Justin R., I am so sorry to hear that you were a victim of this terrible scheme.  Here in Indiana, we have had recent cases where clients lost very large sums of money (6+ figure sums) and it appears that the funds are unrecoverable.

    I am a full-time Realtor and my company uses a 2-step identity verification system within our email.  And several of the title companies that I use the most have begun sending everything via encryption services.

    This topic was discussed as recently as yesterday at our local sales meeting and we were all advised again to verify all critical data points via telephone before proceeding with anything pertaining to the transfer of funds.

    It is truly hair-raising to hear how sophisticated these thieves have become and I am so very sorry that you were damaged in this way.  Best of luck to you as you pursue a resolution!

    (P.S. I would personally kick these pieces of sh*ts *sses on your behalf if I could.)

  • New Haven, CT · Member since 2016 · 90 posts · 99 votes
    9y

    @Justin R.

    Hello Justin, sorry to hear about your loss. 

    Honestly, and it might be a tough thing to do since us men have lots of pride and ego....but it might be good to let your guard down and see if friends/family or even strangers will donate money via a gofundme page. Explain your situation the same way you did here and provide facts, and an amount of money you lost or would be happy receiving. 

    You would be surprised what people have donated to, and will be very surprised that people who might have had the same or similar situation happen to them, wanting to donate. With all of the crazy things people ask donations for, this doesn't seem like a stretch. 

    Like I said, some people would be very happy to throw a few bucks your way. 

    I'm not sure of your financial situation, but it's something you could pursue if you can't get your money back another way. 

    Matt

  • Accountant · Austin, TX · Member since 2016 · 72 posts · 72 votes
    9y

    I just wanted to mention that I wouldn't fault them for using an "unsecured Gmail account".  A Gmail account is as secure as any email can be (if the account holder uses a strong unique password, and perhaps also two-factor authentication).  Those "secure message systems" that some banks and others use is mostly just security theater and are no safe.  If he had sent you a link to one of those, that could have easily been part of the scam as well.  

    But this is all a good warning for all of us to be aware of this type of scam.

  • Denver, CO · Member since 2016 · 51 posts · 29 votes
    9y
    The #1 thing I learned from this lesson: FaceTime, Skype and Google Duo. I never do anything with anyone from a distance without confirming important decisions from a face to face Meeting. Let's us technology to protect us not let it give harm to us! I pray everything works out for you. Unbelievable how much money the scammers can make if they actually did things right vs. being criminals. They all have their day.
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