Florida Elder Law & Estate Planning Blog


Title Fraud: How To Protect Yourself and Your Property

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We want to bring to your attention a growing threat: Title fraud, also known as title theft or deed theft. It is a type of identity theft. Six in 10 real estate professionals report title fraud cases in their market in 2025, according to the National Association of Realtor’s Deed & Title Fraud Survey. Like many scams, it disproportionately impacts seniors and can have devastating consequences.

This post explains title fraud and advises you on the steps you should take to protect yourself and your property.

 

What is Title Fraud?

Simply put, title fraud occurs when a scammer poses as the owner of property you own. He/she will forge a new deed for your property, transferring ownership to him/herself or someone else. To impersonate you or your authorized representative, the scammer will use fake identification and use information gathered from the internet about you.

Then the forged deed is presented for recording. It may surprise you to learn that the county clerk is not required to verify the validity of a deed, or to verify the authenticity of the signature on the deed. The deed is checked only to ensure it contains all the required information.

 

Potential Consequences If You Are A Victim 

Once the scammer has established fraudulent ownership of your property, there are a number of ways you can be damaged and the scammer can profit. Posing as the owner of your property, the scammer can now:

  • Sell your property to an unsuspecting buyer

 

  • If there is a mortgage, refinance and take the cash

 

  • Take out a loan using your property as security

 

  • Rent your property to someone, or even live in it themselves

 

Who and What Are Likely Targets?

Thieves will scour county records searching for suitable targets. Vacant tracts of land are especially desirable for them. Homes that are occupied are also targets; however, homes that are vacant – for example, if the owner has died or the property is a vacation home – are particularly vulnerable. Scammers know that the deed status of a vacant home is less likely to be monitored by the rightful owners.

Seniors are also more likely to fall victim. The FBI’s 2024 Internet Crime Center Report reveals that although seniors originated 19% of real estate fraud complaints last year, they bore 44% of financial losses. There are two reasons for this disparity: First, older people tend to have more equity in their homes than younger people do. Second, seniors may not be as sophisticated as younger generations when it comes to protecting their personal data online. This makes it easier for title thieves to find information that allows them to impersonate the rightful owner.

 

Examples of Deed Theft in Florida

In one 2018 Florida case, 18 homes owned by deceased individuals were fraudulently deeded to scammers. The scammers sold, rented and even lived in the homes.

But it’s not only about deceased owners. WPTV News reported on the case of Rosalee McCurdy, a Port St. Lucie resident who in 2001 bought a parcel of vacant land in that town. She intended to build a house on the land after her retirement. But in December 2024, when she went to pay the property tax bill, she was shocked to discover that the land had been sold without her knowledge. An investigation turned up a warranty deed explaining what had occurred: A Rosalie Lawrence of Michigan had impersonated her and forged a deed. Then on June 6, 2024, the perpetrator sold the property for $109,000 to Mani Capital group. Mani then sold it to a national homebuilder, DR Horton, Inc., for $119,000. Believing it was a legitimate purchase, DR Horton began construction on McCurdy’s land but ceased work once the crime came to its attention.

Since then McCurdy has spent thousands of dollars filing a quiet title action (a legal action to have the title assigned back to her). This year, the judge gave her back her property. “It’s like I’m buying my lot back, which was like mine to begin with in the first place. It doesn’t seem to make any sense to me,” said McCurdy.

Lawrence has been charged, and her trial is scheduled to begin February 2026.

 

How to Protect Yourself and Your Property

  • It is a good idea to occasionally check records of the clerk of the court in your county. This is especially important if your home is vacant or if you are the trustee or personal representative of an estate that includes an unoccupied home.

 

  • If you are local, visit the house from time to time to make sure no one has moved in.

 

  • Make sure the county clerk has your current address so that all correspondence reaches you.

 

  • Make sure you know when utility and other bills for the property are supposed to arrive; if they do not, something may be amiss. Do the same for your older loved ones and make sure they have received those bills.

 

  • Sign up for your County Recording Office’s free monitoring service. Florida requires every county to provide this service. When you sign up, you will receive an email (or in some cases text) if there are any changes recorded in your name in a deed, mortgage or other official record. Being notified allows you to act quickly to address the fraud. Here are the links to sign up for this service:

Palm Beach County

Martin County

St Lucie County

Broward County

Okeechobee County

Indian River County

 

What To Do If You Are The Victim of Title Fraud

Prompt action is always better. The sooner the rightful owner takes action, the better the chances of correcting the situation.

Here are the steps you should follow if you believe you have been the victim of title theft:

  • Get a certified copy of the fraudulent deed.

 

  • Report the crime to local law enforcement.

 

  • Report the crime to the state district attorney’s office in the county in which the property is located.

 

  • Consult a real estate attorney. You may need to take the legal action mentioned above – “quieting the title” – to regain legal ownership of your property.