Real Estate Investigations are our specialty. Capitol Inquiry has provided investigative services, skip-tracing and service of process for clients in thousands of court cases to foreclose the rights of redemption on properties. The firm specializes in handling these types of cases, and this work continues to be a significant part of our caseload year after year. Our clients need to have property owners redeem or release their interests in properties to conclude tax sale foreclosures and quiet title actions. These cases are both time-sensitive and detail-sensitive. One missed deadline, an overlooked heir, the misinterpretation of a land record – any of these can result in dismissal of the case permanently. Capitol Inquiry provides a full array of services to these clients, including obtaining the details for the preparation and filing of the litigation, skip-tracing to locate owners and parties of interest, effecting service of process on defendants by our in-house process servers, filing Affidavits of Service with the courts and testifying in court.
In the mid-1990s, Capitol Inquiry developed a huge caseload in real estate-related investigations and research. This resulted in a separate division that concentrates specifically on real estate work. Capitol Inquiry is a specialist in tracing ownership, deciphering conveyances, interpreting lengthy/detailed land records and financial documents recorded against properties, and locating real estate assets and lien holders. We work hand-in-hand with the client’s attorney to resolve difficult title problems (“clouds”) standing in the way of real estate purchases and the assemblage of properties for commercial developments.
Tracing ownership of a property requires research of land records filed with the Recorder of Deeds in each county going back as far as 60 years. Sometimes this search also will involve inspection of plat maps and records in the Office of the Surveyor. Then, in the nearby courthouse, Capitol Inquiry’s real estate research specialists search for encumbrances, judgments, probate cases, wills, civil actions, easements, foreclosures, mechanics liens, federal and state tax liens, and any other filing against current and former owners.
These encumbrances can prevent “clear title” and legal conveyance of the property. This research is critical in determining successors of interest, legal or fraudulent conveyances, and rightful heirs to properties. Making proper determination requires the ability to examine and interpret the language and terms peculiar to land records. Capitol Inquiry has the skills to search court and land records – and understand and interpret public records such as settlement documents, probate, wills, deeds, trusts, releases, UCC filings, leases, Powers of Attorney, covenants, easements and other documents recorded against real estate.
Separately, the location of heirs, successors, and lien holders can be problem in real estate. Sometimes an inheritor or owner may not recognize they still hold an interest in a property – and sometimes they do not care to be found, for any number of reasons. Capitol Inquiry will use database searches, genealogical and family research, court records, to identify rightful heirs and parties and notify executors and personal representatives of estates.
Capitol Inquiry is uniquely qualified to conduct these kinds of investigations. Ken Cummins witnessed enough mortgage fraud as a settlement agent before and during the housing crisis to be able to recognize the warning signs of mortgage fraud and to know how to investigate it. We specialize in interview techniques that reveal whether a borrower may have committed fraud in obtaining the now-defaulted mortgage loan; or if the borrower had been misrepresented by the mortgage broker and/or others involved in the settlement process. (This is more common.) Years of experience allow Capitol Inquiry to resolve these and other issues related to real estate transactions.