City of Philadelphia Cracking Down on Fraudulent Conveyances

by Dave Wirsching on November 10, 2008

In an effort to thwart the rising number of cases of stolen property, real property that is, the City of Philadelphia has instituted a new policy when recording documents.

Anyone other than the Sheriff, attorney, law firm, or title company submitting a Deed for recording will have to produce supporting documentation to file the Deed. A corporate seller not utilizing the services of an attorney or title company will be required to submit its Articles of Incorporation along with the Deed to be filed. Similarly, in the transfer of property owned under a Trust, the full Trust Agreement must accompany the Deed. Title companies are not exempt from providing the supporting documentation if the Deed being recorded is not insured. Any Deed submitted via U.S. Mail must now be sent either “certified” or “registered.”

Attorneys and Title Companies are not completely free of additional paperwork. Every Deed submitted by an attorney or insured Deed submitted by a title company must be accompanied by a General Affidavit signed by the submitter and notarized.

For its part, the Department of Records, within thirty days of the recording of any Deed, will notify the prior record owner by first class mail that a Deed has been recorded.

It is my belief that further clarification is needed, and I would not be surprised if we see changes or amendments to these new regulations in the coming weeks. We will keep you posted. Access the City’s announcement and Affidavit at this site

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