How a Fake Landlord Nearly Evicted an Atlanta Family

ATLANTA, Ga. (Atlanta News First) – A Sandy Springs family was nearly kicked out of their own home by a fraudster, yet another example of how property theft and deed fraud is a widespread problem across the country. state, and which could have even more serious consequences. sanctions in the future, thanks to a Atlanta News First investigation.

“I just don’t understand how all this can happen,” said Shelia Gibson. “It bothers me just talking about it; I feel so violated.

Here’s how to sign up for a system that alerts you if someone has filed documents regarding your home.

Real estate records show the Gibson family purchased the home in 2020 for $480,000. “Even though I’m not rich, we sacrificed a lot to buy the house,” she said. Gibson does not owe rent to any landlord, records show.

But when the 69-year-old pulled into her driveway in December 2022, a notice was posted on her gate that read in part, “should be removed immediately by the Fulton County Marshal’s Department.”

Trial court documents also show that deputies attempted to execute the eviction in October 2022, but were unable to access the property,” the deputy noted. Gibson’s gate to her house was malfunctioning that day, and “without that gate, we could have come home and all of our belongings would have been on the street,” she said.

Stolen Homes: An Atlanta News First Investigation

Homeowners across metro Atlanta say their homes are being taken away from them, without them even knowing it. An ongoing Atlanta News First investigation reveals a pattern of deed thefts, leading to a real estate fraud ring.

For almost a year, a series of Atlanta News Initial Investigations showed how property owners in metro Atlanta are being taken away from them, without them even knowing it. Titled Stolen houses, the ongoing investigation revealed a series of deed thefts, leading to a network of real estate fraud. It is a crime that is not as serious as one might think, a crime that often goes unpunished.

Under Georgia law, clerks are not allowed to ask for photo IDs when a person files a deed. Atlanta News investigates for the first time also discovered the lack of supervision of notaries who stamp deeds. All of this happens without the owners knowing…until it’s too late. Some are told that their house no longer belongs to them; some have to pay rent to the new owners; and others are kicked out of their own homes.

“This is a crisis,” Fulton County Clerk Ché Alexander said at a recent community town hall.

After these Atlanta News Initial InvestigationsGeorgian lawmakers approved new measures that will take effect next year.

However, Atlanta News investigates for the first time has learned that there is a similar and separate loophole when filing eviction papers. No one has to prove that they own the property for which they are seeking eviction.

In Gibson’s case, Michael James Bourff filed eviction papers with the Fulton County Clerk’s Office, claiming that he was the “agent” of the Sandy Springs home and that “the occupants owed rent in suffering of $12,000.”

Bourff also filed an “Application for Execution of a Writ of Possession,” seeking to take possession of the property. Bourff alleged that Gibson failed to file a response in court to the initial eviction notice. But Gibson said she did not receive the initial eviction documents and owes no rent.

“It’s so crazy how someone can walk into an office without providing any identification and no one bothers to check the computers to make sure this person actually owns the house,” said Gibson.

The alleged fake landlord submitted all of these documents without having to prove anything because state law does not explicitly require it when initially filing for eviction. As long as these initial documents are fully completed, county clerks like Fulton County’s Ché Alexander must accept them.

“They file it electronically. It’s an electronic process that allows them to do it from their kitchen table,” Alexander said. “They send it to us and we see if it’s in good form.”

Georgia clerks also cannot investigate eviction documents or question anyone who files them. The current law limits the role of the clerk, even if the stakes remain high.

“I handle all the paperwork for Fulton County, so what you’re talking about (is) not paper for me,” Alexander said. “It’s people’s lives.”

The clerk confirmed she is working with other county officials to possibly create a real estate fraud task force.

Gibson eventually got Sandy Springs police involved. Now a criminal case, police called the incident a “fraud, scam and trust game,” according to incident reports. Bourff was charged with perjury, filing a false document and forgery, but was not found or arrested.

Gibson’s attorney filed a civil suit against the suspect; the court ruled in his favor after Bourff never responded. He did not respond to requests for comment from Atlanta News investigates for the first time, but he is appealing Gibson’s victory in civil court.

Public records suggest Bourff may be living in Fort Pierce, Florida, with a woman named Tabitha Cote. In 2009, a previous, unrelated civil suit identified the couple as a “couple.”

Fulton County public records reveal that Tabitha Cote once owned the Gibson home in Sandy Springs and that Bourff also previously lived there. According to documents, the home was foreclosed on in 2018 and sold at auction after Cote failed to pay the mortgage.

At the 2018 auction, an LLC purchased the house; records confirm that the LLC ultimately sold the house to Sheila Gibson.

In the latest court filing, Gibson’s attorney alleges that Cote recently created a new deed, transferring title to the home to a “shell” company she created.

All this problematic paperwork not only disrupts Gibson’s peace, but also reveals a loophole in the law.

“It took its toll,” Gibson said. “I don’t sleep well, I’m anxious all the time. It’s like a criminal’s paradise if it’s that simple. It’s very simple what this guy did.

If there’s anything you’d like investigative reporter Ciara Cummings to look into, fill out this submission form.

Copyright 2024 WANF. All rights reserved.