Property fraud: checking a seller's representative before transferring money
Buying Bulgarian property through a representative: check ownership, powers of attorney and payment recipients before transferring funds.
Read article →If you suspect a forged power of attorney or unauthorised transfer, first establish the registered facts, obtain the instruments and assess urgent protective measures.
Discovering that inherited Bulgarian property has been transferred without your knowledge does not automatically prove fraud. There may be a genuine transaction, an inheritance dispute, representation under a power of attorney or a document whose authenticity requires verification. The first task is to replace assumptions with an accurate documentary chronology.
The Property Register records instruments recognising, transferring, changing or terminating ownership and other property rights, as well as injunctions and mortgages. Search the property and relevant persons and identify the number, date and type of the registered instrument. Check for any later transfer, mortgage or injunction.
Obtain a copy of the actual registered instrument. The Registry Agency states that uncertified copies may be requested by any person, while certified copies are available to a defined class of entitled persons.
Organise the certificate of heirs, the deceased owner's title documents, any wills, partitions, inheritance renunciations and other relevant records. If a representative signed the transaction, obtain the power of attorney from the available file and verify the notarial or consular certification through the applicable official procedure.
The Ministry of Foreign Affairs has a specific procedure for verifying powers of attorney certified by Bulgarian consular offices. For Bulgarian notarial certifications, the appropriate verification depends on the type and identifying data of the instrument. Neither a scan nor a statement that “there is a power of attorney” should end the inquiry.
Keep original electronic files, letters, messages, payment documents and a record of when you learned about the transaction. Do not alter received electronic documents or discard envelopes and metadata. Avoid threats, self-help or attempts to retake possession by force.
Where the facts indicate a possible civil claim and there is a risk that a further disposition could undermine effective protection, counsel should assess interim relief. Article 397 of the Bulgarian Code of Civil Procedure includes an injunction over immovable property among possible court-ordered security measures, but such a measure is not automatic and depends on the statutory requirements and a court order.
It may separately be necessary to assess whether the facts indicate a criminal offence and whether a report should be made to the competent authorities. Criminal reporting and civil protection of title serve different functions; one should not be assumed to substitute automatically for the other.
The key questions are who owned the property, who signed, on what authority, what was registered and what happened afterwards. Those answers determine whether the situation may require a title or invalidity claim, an inheritance claim, challenge to a document, interim protection, criminal reporting or another combination of steps.
Timing can matter to evidence and later dealings, so the documentary review should begin promptly.
Discuss your circumstances with a lawyer. Leave a phone number or email, or call us directly.
This article is for general information only. It does not constitute or replace individual legal advice.