Fraud Scam Threatens Couple's Home Ownership
A couple is at risk of eviction after falling victim to a serial fraudster who conducted a scam by impersonating deceased individuals.
Peter Bennett and his wife Jayne may lose their home after transferring ownership to John Sexton Sr in exchange for property titles that proved to be invalid.
A BBC investigation revealed multiple alleged fraud cases involving Sexton or his associates, where signatures of deceased persons were forged on legal documents to acquire land or property.
When approached by the BBC, Sexton declined to comment on the allegations.
The Bennetts' involvement with Sexton began in 2011, when they sought to leave their £160,000 detached house in Coatbridge, North Lanarkshire, due to prolonged disturbances from nearby construction work.
Fearing they could not sell the property, local businessman John Sexton began visiting them.
"It was like a kind of grooming type of thing," said Peter.
Sexton offered Peter a solution, claiming he held legal ownership of land in Lanarkshire and could provide a deal promising substantial profits.
Peter recounted Sexton's proposal to the BBC.
"'I'll take your house over', he says, 'and I'll pay off the remainder of your mortgage... and then I'll give you 50% of these titles, the Gartsherrie estate and the William Dixon estate'."
Peter said Sexton assured him these titles would be highly sought after by developers, and the exchange would yield profits up to half a million pounds within a year, enabling them to purchase a new home.
Until then, the Bennetts would remain in the house, paying rent to Sexton. Their house was valued at approximately £160,000 with £80,000 left on the mortgage.
"We signed up, signed believing that there was going to be some kind of Utopia at the end of the table," Peter said.
Sexton provided documents from the General Register of Sasines, Scotland's historic deed-based land registry, suggesting his family controlled these titles.
These documents were based on a series of dispositions—land transfer deeds—indicating the property had been transferred to them by surviving trustees.
Upon signing the contract, these titles were transferred to the Bennetts.
However, the titles had never belonged to the Sexton family.
'I felt stupid... that's what it makes you feel'
Regarding the Gartsherrie estate, documents stated it had been transferred to Sexton's partner, Maureen Allan, and a relative by trustee Alexander William Lowson in July 2003.
The issue was that Lowson had died in 1984, and his signature was forged.
Similarly, the trustee's signature on the Dixon estate documents was also forged, according to BBC-reviewed documents.
Peter said he felt "sick" upon realizing the fraud.
"I felt stupid to be truthful to you, because that's what it makes you feel. Why would somebody go out their way to do this?"
Peter entered into a dispute with Sexton, who had transferred the house to his son, John Sexton Jr.
Peter reported the matter to police, but initially, they considered it a civil issue.
In 2019, officers opened a case, and Sexton was arrested and charged in 2022.
He was released, and a report was sent to the procurator fiscal, but he has yet to appear in court.
The Bennetts remain uninformed about the police investigation.
The couple ceased paying rent to John Sexton Jr around 2020 while contesting to regain their house.
'It's a long, drawn-out situation'
In January, a court ruled that the Bennetts had defaulted on rent payments and ordered them to vacate the property within weeks.
Peter said they still hope to have the 2011 contract reversed to reclaim their home.
"But it's a long, drawn-out situation and we're at the mercy of the Police Scotland and the Registers of Scotland's office," he said.
Registers of Scotland, which manages the Land Registry, told the BBC it "does not have the authority to investigate or determine allegations of fraud; such matters are for the police and the courts.
"If the courts determine that fraud occurred and agree to a request to set aside the deeds, the Keeper will update the register accordingly."
The Bennetts are pursuing their case at the Lands Tribunal for Scotland, seeking to annul the original transfer.
However, the investigation found this is not the first instance where Sexton, who owns multiple properties across Lanarkshire, appears to have used this tactic.
Annie Dundas Clark was born in 1911 and lived in Motherwell.
She was raised by her uncle, James Watson, a railway worker who died in 1966, leaving her his modest estate.
Unbeknownst to Annie and her family, the estate included a land plot at the corner of North Orchard Street and Ladywell Road in Motherwell.
Annie died in 1985, and the land remained unclaimed until North Lanarkshire Council advertised in January 2002 plans to sell it to a developer for nearly half a million pounds.
John Sexton then informed the council he had located Watson's descendants and was negotiating with them to purchase the land.
Soon after, a disposition—a legal document—was produced transferring ownership to a Sexton family associate.
This document was apparently signed on 6 February 2002 by Annie Clark—17 years after her death.
The land was subsequently transferred jointly to Sexton's partner, Maureen Allan, who sold it to a developer in 2006 for £120,000.
The BBC traced Annie Clark's descendants.
Jim Clark, her eldest son, said he was "totally taken aback" upon learning about the North Orchard Street land.
"Up until I was 17 I walked past the property on almost a daily basis.
Although James Watson was my mother's uncle, I always knew him as 'grandpa' and was his namesake. I also knew that there was some question as to the ownership of the property at that time," he said.
"I think it outrageous that my mother's signature was forged 10 years after her death and would like to see the fraudster brought to justice."
Clark is considering reporting the case to police.
Sexton has prior convictions for VAT fraud dating back to the 1980s.
The BBC is aware of several other occasions where Sexton or his associates impersonated deceased individuals to obtain property titles.
All findings were presented to Sexton and his partner Maureen Allan, who did not respond.
When confronted by the BBC at his Coatbridge home, Sexton ignored questions.
