zlacker

>>mecred+(OP)
1. Author lost me at his first sentence: "Like most people, I’ve had my identity stolen once or twice in my life." I am careful and aware of this possibility, but AFAIK I have not experienced this, nor have "most people" I know. o_O Crazy times.

2. I don't even understand how a title transfer could happen without verifying ownership. Is the title system in the USA decentralized or that much different than elsewhere? i.e. Torrens-style

>>emptyb+dq
Unlike most common law jurisdictions, the United States doesn't have a central land registry due to lobbying from the title insurance industry.

https://en.wikipedia.org/wiki/Torrens_title#United_States

>>jjmarr+Wr
No, the United States doesnt have a central land registry because that is not an enumerated power of the federal government. The individual states have sovereignty over their own land and each has its own system for land registration. The article you linked to even names several states that have a partial Torrens title system.

The claim that the title insurance industry is the reason for lack of adoption of Torrens title schemes is uncited, and immediately followed by descriptions of several cases where Torrens title was adopted (often poorly) and later abandoned.

>>dcrazy+XA
"No, the United States doesnt have a central land registry [..]"

Fascinating, how is ownership established if there is no single source of truth?

I feel the answer to this is also crucial to understanding OP. It could be a minor annoyance or the real possibility to lose your land.

>>weinzi+vE
> how is ownership established if there is no single source of truth?

There is: the county clerk in the county where the land is located.

>>pdonis+8J
No, the county clerk records aren’t a “single source of truth”. In the US system, it is possible to convince a court the county records are wrong, and order them overridden-which makes them not the single source of truth.

By contrast, in the Torrens system, whatever the government records say are final. If you are the innocent victim of a mistake by the government (or a fraud against it), the government has to compensate you; but you don’t actually get the land back if it has since been sold to an innocent purchaser.

>>skissa+5M
It's also entirely possible for a judge to just change the records because they don't like them. It's pretty common in Texas to see deed restrictions removed if the local government doesn't want them on there for example.