James sold each Lee County home he claimed for $10 through the quitclaim deed. Number two, it’s a civil wrong so that the person who signed this can also be sued civilly for damages,” Rice said. Now James could be facing criminal and civil charges. In the words of Rice: “If I have no title, I don’t convey a title,” which means James never had the right to file a quit claim deed for the home Irminger was going to purchase. If you want your property, come to court.”īut what James is doing is illegal. My intentions are the law say I can do this, so let’s go to court,” James said. He created the Civil Rights Banking Commission, which he continues use to claim titles on homes he believes banks can’t legally own. James said he is fighting a civil rights battle. “This conveys nothing, but it is a cloud on that title which means that it impacts the validity of the legitimate owner of the property… The bank is going to be unable to convey clear title to this person who has agreed to buy the property from the bank,” he said. James signed the title over to a man named Mark Taylor, a friend he said needed the home.īut, a quitclaim deed is only legal, if you own title to the property being transferred. With the quit claim deed filed and signed off by a notary, it was impossible for Wells Fargo to immediately hand over the Coral Lakes home to Irminger, Rice said. The lack of checks and balances at the Lee County clerk of court’s office allowed James to file a quit claim on Irminger’s Cape Coral home and a second home down the street in Bella Vida Estates. What James is doing is what title examiners call a “wild deed.” We are statutorily required to record documents that meet the requirements in law,” the statement read. The role of the Clerk as the County Recorder is ministerial. “The preparer of the document is responsible for making sure that it has been properly executed. In fact, that is the responsibility of the person who presents the deed, according to statements provided by the county. There is a particular loophole that James exploited to claim title to the Irminger’s new home: In Lee County, the clerk of court’s office does not verify the validity of quitclaim documents. The only thing needed to perform a quitclaim deed is a county document with the address of the property, the grantor’s signature and the signature of the title’s recipient. The quitclaim deed allows a property owner to transfer his or her interests in a property to another entity. James is able to convey properties using a legal process called a quitclaim deed. “Banks have no say so because we bailed you out.” “I did it because it was a message to be sent,” James said. He said he is trying to prove a point to banks, who he said required a bailout and shouldn’t own the titles to homes. “This is a fraud.”īut that’s not how James sees it. “Whoever has done this has gone and checked the foreclosure files and has sought foreclosed properties,” Rice said. That’s because James admits to filing claims on the titles of foreclosed homes that he does not own. James is what some, like real estate attorney Jeff Rice, would call a fraud - a total conman. “I heard from the realtor and she told me, ‘We have a situation,'” he said. Then Irminger received a concerning call from his realtor. The property had been foreclosed by Wells Fargo bank earlier this year, but he knew it would make a beautiful home for his new baby and three other young children.
“We were elated at the idea that this would be able to be our home,” said Paul Irminger, a husband and father of four who was looking forward to his family’s move into their new Coral Lakes Home. A family from Indiana thought they had found their perfect Florida home and were ready to move in … until a realtor realized it had been in the hands of another man, Lemroyal James.
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