A north-central North Dakota woman is accused in an elaborate scheme in which she allegedly used a fake law degree and a fictitious employee to forge real estate title opinions for people who bought property.
Diane Slaubaugh, 27, of Cando, has pleaded not guilty in federal court to 36 felony counts, including wire fraud and identify theft. Her trial is scheduled for Dec. 10.
Authorities said Slaubaugh and her abstract company, Midland Services, forged the name and initials of Fargo attorney Brenda Rosten on 34 separate title opinions, for which she received $6,000. A title opinion is a document prepared by an attorney that indicates the ownership and outstanding liens for a property.
"What it comes down to is identity fraud," said Janice Morley, an assistant U.S. attorney in Fargo. "It's false financial information over the wires.
"There are 34 people who have been relying on the opinion that they have good titles," she said. "That's pretty serious."
The title opinions were completed between April and October 2004, the complaint said. Slaubaugh did not have a license or insurance coverage to conduct abstractor or title opinion work in North Dakota, the complaint said.
"I've never heard of a case like this before," said Dean Rindy, secretary for the North Dakota board of abstract examiners. "If nobody has looked at the title, there could be hundreds of problems."
Some of the titles could be at risk for tax liens and other financial obligations, said James Maher, spokesman for the American Land Title Association in Washington, D.C. The parties involved may need to file a lawsuit known as a "quiet title action," to try to remedy any problems.
"From the moment one takes a title, to the moment one sells it, they're subject to a variety of third party attacks," Maher said. "If a lien is not cleared, the lien runs with the property."
Slaubaugh has been given a public defender. Jeffrey Viken, the lead public defender for the North Dakota and South Dakota federal court district, had no comment. Rosten did not return phone calls seeking comment.
Authorities say Slaubaugh intended to defraud General American Corp., which was a title agent for mortgage companies. She allegedly put together a phony brochure and cover letter signed by a fictitious employee named Melanie Schmidt, authorities said.
GAC is now part of Brookfield, Wis.-based Fiserv Lending Solutions.
Posted in State-and-regional on Friday, October 19, 2007 7:00 pm Updated: 3:48 pm.
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