Tag Archives: Wire Fraud

Compliance, Real Estate Headline News

Who’s responsible for wire fraud?

We hear about it all the time, wire fraud, cyber security, secure networks and portals. We don’t think it can happen to us, until it does.

The way wire fraud cases are handled is changing. No one is exempt from wire fraud, and going forward, everyone in a transaction could be held responsible for the wire fraud.

As Thomas W. Cronkright II, Esq. and Lawrence Duthler, Esq. of CertifID LLC show in their recent report, all participants in a transaction are responsible for wire fraud loss. A recent Kansas Federal District Court decision ruling found a bank, title company, real estate agent, and real estate broker liable in a transaction hit with wire fraud. The cybercriminal hacked into the seller’s agent’s email and was able to reroute the buyer’s wire to a fraudulent bank account. The buyer lost $196,622.76 that day, none of which was recovered.

According to the report:

“The buyer argued that all defendants had a duty to protect them from the losses they incurred and that the failure of these defendants to live up to that duty led to the fraudulent loss of their funds. In response, the defendants responded by arguing that they owed no duty to the buyer because they did not serve in a formal representative or fiduciary capacity.”

While the bank and title company settled in mediation, it was the seller’s real estate agent and broker who were found liable for 85% of the losses during the transaction, since the fraudulent email came from the seller’s agent.

We don’t think it can happen to us, until it does. And if it does, all parties in the transaction may be held liable. Are you ready for it?

“All defendants had a duty to protect them from the losses.” We all have the duty to protect our clients. That’s why it’s so important to do business with a title company who can secure you and your clients. Agencies in the Florida Agency Network are among the Nation’s top 1% in security, compliance and innovative technology. We work hard behind the scenes to make sure everything runs smoothly, and your clients are protected.

For more information on how we can secure your closing, contact us at info@flagency.net or visit any of our offices.

Resources, Tech Tips

Are You Helping the Bad Guys?

photo-1461749280684-dccba630e2f6-small

You may not know it, but your email and web browsing habits may be inadvertently helping the “bad guys” take your personal information, or nonpublic private information (NPPI). Hackers are targeting the real estate industry by utilizing sophisticated techniques and technology to hack into existing email threads and redirect the communication, and far worse, the funds, elsewhere. For real estate agents and their clients, this could mean a big payday for hackers, as well as an enormous headache, and possibly legal action, for agents and their clients.

To protect you and your clients, Aaron M. Davis, CEO of Florida Agency Network (FAN), has compiled a list of actions agents should take to help prevent exposing themselves and their clients to a potential hacking situation.

  • Make sure your title agent only sends encrypted wire instructions directly to the buyer and does not copy the real estate agent. (Many like to include the agent as a means of notification, but this puts the transaction at risk.)
  • Advise your clients that they will only receive the wire instructions ONCE from your title company, and then call to confirm, at a phone number you know to be authentic, prior to sending a wire.
  • Hackers use keyword searches when seeking out fraudulent misdirection opportunities. Stay away from using words in the subject of your emails like “WIRE”, “FUNDS”, and “FUNDING”, as these terms are what hackers are looking for.
  • Change your email password(s) once per month.
  • If you click on a suspicious email link or document, immediately change your password.
  • Invest in antivirus software.
  • Make sure you update your computer patches. Antivirus patches and cell phone updates should be applied immediately upon release, as most are released to address security flaws.
  • Educate your clients on industry scams. Forward this link to clients for further information: https://www.ic3.gov/media/2016/160614.aspx

Hackers have infiltrated our industry and figured out how to create chaos. The most effective way to fight back is to educate yourself and partner with companies that monitor and secure their networks.

Through FAN’s partner, Premier Data Services, agencies within the Network stay up-to-date on compliance initiatives and policies. Each agency hosted by Premier Data Services is SOC 2 compliant, and is audited and verified by a third-party specialist organization, 360Advanced. FAN and its agencies gladly take on the responsibility of not only insuring the title to your home, but also in safeguarding your NPPI.

 

 

Have questions? Get answers, and get social with us. Follow us on Facebook and stay up-to-date with valuable resources and information.