Dear Claudienne:

My son and I own a property in St Elizabeth. We have discovered that in 2009 someone fraudulently made a lost title application in our names and obtained a new title.

However, we still have the original title because we never lost it, and we did not make the application for a new title.

I engaged a lawyer to work on the case for me, but she did nothing.

I have also contacted the Titles Office and the Fraud Squad.

I learned that the lost title application was handed in to the Titles Office by a lawyer who was disbarred.

I reported the fraud to the present Registrar of Titles. She informed me that she wrote to the lawyer and asked him to return the fraudulent title.

Over a year ago the Registrar of Titles also informed me that she had asked the Attorney General to give her permission to cancel the fraudulent title and issue a new title.

I have been waiting for over one year now to be kept abreast of proceedings relevant to this matter.

On July 9, 2015, the attorney at the Attorney General’s Office who is supposed to be handling the case informed the Registrar of Titles by letter that she was preparing the court documents. However, I have heard nothing further about it.

At the beginning of this month (October 2016), the Registrar of Titles asked me to write to the Attorney General. She instructed me to send her the letter by e-mail which she would then forward by bearer to the Attorney General.

I duly sent the letter, but since then I have heard nothing. I phoned the Attorney General’s Office today, October 10, 2016, and was told that they could not find anything pertaining to the case. They asked me to state the location of the property, and I complied. I was then told that neither my name nor my son’s name appeared on the document.

This situation is scandalous.

I am sending you all the documents pertaining to this matter, and I would appreciate your help.

CP

Dear CP:

After asking the Solicitor General to investigate this matter, Tell Claudienne forwarded to that office copies of the e-mail correspondence between the Registrar of Titles and the lawyer in the Attorney General’s office dealing with the case. These were copies of the correspondence you had sent to us. One of the letters from the Registrar of Titles to the lawyer in the Attorney General’s Chambers stated the following:

“

An investigation was launched regarding the authenticity of Lost Title Application No… after I received an email from CP on April 11, 2015 outlining her concerns and confirming that her duplicate certificate of title….. was still in her possession.

“A perusal of transfer No…. which vested the property registered at Volume… Folio… to CP and DP [her son] and lost title application No…. revealed several inconsistencies.

“The signatures of the registered proprietors were inconsistent in the transactions mentioned above. Additionally, the date of birth given for DP in the lost title application No… was incorrect.

“On the strength of these inconsistencies and the allegation of fraud [made] by CP, I initiated proceedings per Section 153 of the Registration of Titles Act.

“I enclose for your attention all the relevant documents.

“Kindly advise if you require any further particulars.”

On Wednesday February 8, 2017, the lawyer at the Attorney General’s office handling the matter advised

Tell Claudienne that the claim was filed in the Supreme Court in January.

There is no trace of the lawyer who handed in the lost title application to the Titles office and who has been disbarred.

However, the Registrar of Titles told us on Thursday, February 9, that under Section 153 of the Registration of Titles Act, the registrar can demand that the duplicate be returned to her/him. Failure to return the document can result in the lawyer in question being summoned to the court to explain why the duplicate has not been returned.

The registrar said that the documents are in the court and she is awaiting word from the Attorney General’s office about the date of the hearing.

“The Court has the authority to make certain orders even if the lawyer does not come to court. The court can make a determination without the appearance of the lawyer, as the court would have instructions,” the Registrar of Titles said.

The registrar said that she has been communicating with you.

“As soon as I get a court date I will advise CP,” she said.

We will continue to follow up this matter. Please let us know when you have been informed of the date for the court hearing.

We wish you all the best.

Have a problem with a store, utility company? Telephone 936-9346 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail:edwardsc@jamaicaobserver.com. Please include a contact phone number.