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Unclaimed Property Fraud: Prevention Tips
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An "unclaimed property" typically refers to a building where the owner has passed away without anyone handling the estate, or the owner has moved abroad for many years and lost contact. Since no one checks the documents or collects rent regularly, the property records can easily be "taken over" by someone using a fake identity or forged power of attorney, allowing fraudsters to "borrow" the owner's identity.
According to a report by HK01, at least 7 properties with a total market value of over HKD 1 billion have been mortgaged or sold using fake identities; the owners did not check for many years, giving fraudsters enough time to "take action".
Q2. What is "Forgery of Mortgage/Sale", and how can I avoid becoming the next victim?
Forgery refers to someone forging the signature of the property owner, with the certification by dishonest witnesses (including certain lawyers), and then borrowing money from financial companies or selling the unit.
Self-protection tips:
- Apply for the Land Registry's e‑Alert service to receive email/SMS notifications whenever someone registers documents under your property.
- Regularly (e.g., every six months) conduct land searches yourself or through a lawyer to ensure there are no unfamiliar documents.
- If traveling abroad for an extended period, consider converting the property title to joint names or appointing a trustee in your will to reduce the risk of "no follow-up."
- Safely keep your identity documents and signature samples to reduce the chance of replication.
Q3. What is "Adverse Possession"? Can someone really "squat" and become the owner?
If someone openly, exclusively, and continuously occupies private land or buildings for more than 12 years, and the true owner has not taken any action to stop it, they can apply to the court to transfer the property rights to their name.
Tip: Property owners should maintain records of "exercising owner's rights," such as having someone inspect the property, collect rent, or pay management fees. Once someone attempts to apply for adverse possession, this evidence can be used to refute the claim.
Q4. What should I do if I suspect my property was forged or someone applied for adverse possession?
- Land Search: Obtain the latest "Land Registry Extract" from the Land Registry to check for any suspicious transactions/mortgages/litigation notes
- Legal Advice: Consult a property lawyer as soon as possible
- Report to Police: Forgery of documents is a criminal offense. You can report to the police and submit the documents to the Commercial Crime Bureau
- Notify Financial Institutions: If suspicious mortgages are found, report to the relevant finance company and the Hong Kong Monetary Authority to prevent lending
The Land Registry only "files documents" and does not guarantee the authenticity of the documents. The government once planned to fully implement the "Land Titles Ordinance", which would "register as confirmation of rights" and include a government compensation mechanism, but the ordinance has not yet been fully implemented. Property owners and tenants can only actively monitor property rights and rely on professional lawyers to minimize risks.