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October 20, 2010
To The President and Members of
The Council of the City of Philadelphia:
For the following reasons, I am returning herewith to your Honorable Body Bill No. 100487, which was passed by Council at its session on September 30, 2010, without my signature.
I commend Council for its commitment to reducing the incidence of fraudulent real estate transactions. The idea that by filing a fraudulent deed someone can claim ownership of someone else's property is extremely troubling. Moreover, the crime is not one that is easily undone. It involves lawyers, court costs and countless hours to untangle a title. I know that many citizens have reached out to Council for assistance in this process and I appreciate the hard work by you and your staffs in providing help to citizens in clearing title to their homes.
Fraudulent real estate transactions are not unique to Philadelphia. This crime is committed all across the country, particularly in urban areas that feature large numbers of vacant or neglected properties. One particularly troubling aspect of fraudulent house sales is the perception that the government is complicit in the crime, because fraudulent deed filings often support the crime of fraudulent property sales. Use of the recording system as part of the fraud makes attractive the idea that a solution to this crime can be found in how the Department of Records performs its duties. For that reason, I understand Council's desire to combat this problem by amending the laws governing the recording of deeds.
The Department of Records takes the problem of fraudulent deeds very seriously and has implemented a number of policies to help reduce fraud. The primary tool in addressing fraud is community education about title insurance. The Department has created a number of informational sheets and also posted helpful material on its website where it can be conveniently accessed.
Since 2004, the Department has sent a let...
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