One Legged Stool battaglia.law

You Wouldn’t Sit On a One-Legged Stool

Preventing Wire Fraud in Real Estate Closings, Three Legs at a Time.

In today’s digital age, the convenience and speed of electronic transactions have revolutionized many industries, and the real estate closing and title industry is no exception. However, this convenience has also opened the door to a growing number of scams, particularly wire fraud. As a real estate closing attorney, I’ve witnessed firsthand the consequences of wire fraud on buyers and sellers of real estate.

I’ve been handling real estate closings since 2016 and the topic of wire fraud has been heavily addressed at all industry conferences I’ve attended since. However, despite this constant and increased awareness about wire fraud scams, they continue to be a significant and growing problem in the real estate industry.

How exactly does wire fraud occur in real estate transactions?

One of the most common forms of wire fraud in real estate transactions occurs when a scammer intercepts wire transfer instructions that have been emailed, usually from a closing office to a buyer of real estate. The scammer replaces the good instructions with fraudulent wire instructions and sends the fraudulent instructions off to the unsuspecting buyer in the hopes that the buyer will fall for the scam and send their hard-earned funds to the fraudster’s bank account. The beauty of wire transfers is also what makes them scary – once the money is wired, it’s immediately available to the recipient. In other words, once it’s gone, it’s gone.

What’s a Buyer To Do?

In order to wire money, you need instructions on how to do so. In the context of wire transfers, this is essentially the bank name and routing number, the name and address of the account holder, and the account number. In the modern age of the Information Superhighway, this information is usually emailed by the party expecting to receive the wire, commonly your friendly neighborhood closing attorney’s office. Once received, the wire instructions should be confirmed by phone. While it’s likely that everyone reading this knows that last part, like most important things in life – the devil is in the details.

Who You Gonna Call?

Ready to call to confirm the instructions? Great! First, you’ll need the phone number, right? Where did you get that from? Was it emailed? Standalone email? Was it in the email that the wire instructions were attached to? In a worst-case scenario, was it on the face of the wire instructions, themselves? You may instantly appreciate where I’m going with this but, despite the obviousness to not do this, I’ve seen a number of offices that put the confirmation phone number on the face of the wire instructions and so, yes, unfortunately, it absolutely happens.

If you’re not seeing the issue here, that’s OK, I’m here to educate! Let’s start with the original premise: the reason that emailed wire instructions need to be verbally confirmed is because of the inherent untrustworthiness of the email process (see above, interception). And so, if you, the buyer, are expected to presume the wire instructions that were just emailed to you could be fake, why are offices expecting you to trust the phone number that sits right next to the instructions? Wouldn’t a scammer just put their own phone number?

That’s a One-Legged Stool, Jack!

You wouldn’t sit on a one-legged stool – you’d fall right on your face. And so, if anyone asked you to, unless you’re Super Dave Osborne you’d run away fast. So why would you send a wire transfer of your hard-earned money based on an email that includes 1) the directions of the process, 2) has the wire instructions, themselves, attached, and 3) the confirmation phone number… all. in. the. same. email? Run. Fast.

To effectively combat wire fraud, Battaglia Law, PLLC follows a multi-pronged approach that addresses these vulnerabilities, and it’s an approach that I call The Three-Legged Stool.

Don’t Be Tippin’.

Unfortunately, not all offices follow these best practices. Some offices will attach their wire instructions to the same email that explains the process, or they might place their phone number on the face of the instructions. Doing this is like asking their customers to sit on a one or two-legged stool – it may balance for a bit, but eventually someone is going to fall flat on their face. If you find yourself being asked to sit on a one-legged stool when wiring funds, ask that office why they are putting your money at risk and leave a comment below to let us know what their answer is!

By following a comprehensive three-legged stool approach, you can be sure that your funds have their best shot at arriving safely and soundly where they are intended to go – into the appropriate escrow or trust account, waiting to be applied at closing.

Good things really do come in threes.

One Legged Stool battaglia.law

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *