North Michigan News

State Rep. Ken Borton on Thursday voted to criminalize the act of falsely claiming ownership of another person's property. The plan, which introduces a new ten-year felony, passed the House with overwhelming bipartisan support.

House Bills 5598 and 5599 update state law to stipulate that individuals intending to deceive by recording a document with false information are guilty of deed fraud. The plan also permits a Register of Deeds who suspects a fraudulent document has been submitted to provide evidence to a county prosecutor.

"Criminals continue to find new and innovative ways to defraud our communities," said Borton, R-Gaylord. "Instead of applying skills and talents toward real jobs, people are now falsifying deeds in desperate attempts to steal property. Oftentimes, these cases wind up costing true property owners thousands in court fees as they have to prove they really do own the home they worked so hard for."

The Wayne County Prosecutor’s Office recently reported that criminals are preparing legitimate-looking documents and forging rightful owners' signatures to transfer titles illicitly. They then collaborate with unsuspecting or cooperative mortgage lenders and borrow against the property without the knowledge or consent of the rightful owner, who is often elderly, moved into a nursing home, or recently deceased.

Borton is also leading an effort to protect Michigan property owners from individuals illegally occupying private property. Under current law, police can remove trespassers from private property. However, when trespassers begin illegally occupying private property and claim legal reasons for staying there, it becomes much more challenging for property owners.

House Bill 5634 aims to provide property owners with a faster method for removing squatters illegally occupying their properties. The legislation would allow property owners to file complaints with their county sheriff and request the removal of unlawful occupants.

"Whether someone is making up a title or moving into a family’s house when they’re on vacation, we need to give homeowners more tools and protections to ensure desperate criminals cannot claim someone else’s property as their own," Borton said. "I’m proud to support this bipartisan effort to criminalize deed fraud. I hope my plan to give property owners more protections against squatters will soon receive the same consideration."

HB 5634 is awaiting a hearing in the House Economic Development and Small Business committee.