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Don't give the "criminally inclined" that much credit...In Reply to: Re: Control mechanisms over a trustee... posted by jenv on July 04, 2003 at 1:44 AM
: Why would a criminally-inclined trustee grant your property through escrow? The only person who'll object to a cloud on title is a title company, whom the trustee would have to be a fool to involve. I'm all for stopping fools, since most criminals really are stupid, but a pro, or a trustee well-coached by one, will straight-away file a deed without involving an escrow or title company. Then what? Jenv, We don't have one-sided deals in real estate. To assume the typical grantee would willy-nilly waive the protections of escrow and title insurance isn't realistic. Especially at today's property prices. Also, don't presuppose that a rogue trustee would know of the existence of the tripwires we've discussed. The main characteristic of a tripwire is that they won't be seen until it's too late. So, to answer your question, it's the trustee's lack of tripwire awareness, and the average buyer's insistence on the two accoutrements of that insure a safe real estate transaction, that hold the bad guys at bay.
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