Destruction of a writing in Mississippi

§ 97-21-21. Destruction, erasure, or obliteration of writing deemed forgery

The total erasure, obliteration, or destruction of any instrument of writing, with the intent to defraud, by which any pecuniary obligation or any right, interest, or claim to property, shall be or shall be intended to be created, increased, discharged, diminished, or in any manner affected, shall be forgery in the same manner and in the same degree as the false alteration of any part of such instrument of writing.

Mail Fraud

Mail and wire fraud statutes make it crime for any one to use the mails or wires in furtherance of a scheme to defraud. The fraudulent statements themselves need not be transmitted by mail or wire; it is only required that the scheme to defraud be advanced, concealed or furthered by the use of the U.S. mail or wires. 18 U.S.C. §§ 1341, 1343. Because every business or corporation in the United States uses the mails or wires to make money, any business who allegedly engages in common law fraud arguably violates the federal mail and wire fraud statutes. 

In order to commit mail fraud, the defendant must:

  • Have devised some sort of scheme to defraud others; and
  • Used the mail to advance the efforts of that fraud

The penalties for a conviction of mail fraud can be quite severe.  A convicted defendant can face up to 20 years in prison and substantial fines.  However, if a financial institution is defrauded, a maximum prison term of 30 years and a fine of up to $1,000,000.00 could be imposed.

 

Forgery of Deeds in Mississippi

§ 97-21-63. Will, deed, certificate of acknowledgment or proof of recordable instrument.

Every person who shall be convicted of having forged, counterfeited, or falsely altered any will of real or personal property, or any deed or other instrument, being or purporting to be the act of another by which any right or interest in real or personal property shall be or purport to be transferred, conveyed, or in any way changed or affected; or any certificate or indorsement of the acknowledgment of any person of any deed or other instrument which by law may be recorded, made or purporting to have been made by any officer duly authorized to make such certificate or indorsement; or any certificate of the proof of any deed or other instrument which by law may be recorded, made or purporting to have been made by any officer duly authorized to make such certificate, with intent to defraud, shall be guilty of forgery.

Title Insurance Fraud in Mississippi

Title insurance provides protection for buyers in a home sales transaction. The insurance policy will usually provide limited coverage for issues such as a transfer of a defective title, or a breach of contract terms by the seller.  As with other types of transactions, the risk of fraud exist in title insurance and is often difficult to detect.

Some common title insurance fraud methods include:

  • Using fake, misleading, or intentionally deceiving legal documents
  • Misrepresentation of professional credentials and licensing
  • Overcharging for policy rates
  • “Rush deals” – using pressure and coercion to force the person into purchasing a policy
  • Absentee deals – many fraudsters target situations wherein true owner of the home is not physically present in the country or is unavailable
  • Intentional withholding of title insurance benefits
  • Unreasonably low payouts, or refusal to make payouts to the policy holder

Title insurance fraud may result in various legal remedies such as monetary damages against the defendant. Damages are paid to the plaintiff as compensation for losses that directly attributable to fraud.

Criminal charges may result where an insurance broker has engaged in activities such as forgery and mail fraud.  If you believe you may have become the victim of insurance fraud, you should contact and attorney to protect your rights