What is "deed fraud," and how can landowners protect themselves from it?

Written by Staci N. Gamble, Research Fellow with the National Agricultural Law Center and law student at Florida A&M College of Law, and Ellen Essman

You may have heard about the crime of “deed fraud” in the news in recent years. Deed fraud is a crime where scammers forge property ownership documents to make it appear that someone’s home has been sold or transferred to the scammer. Once the fraudulent deed is recorded with the county, the scammer sells, mortgages, rents, or uses the property to launder money or create a shell company without the real owner knowing until it is too late.

What might deed fraud look like in practice? An example might be an adult child who, after a parent’s death, thought inheriting the family home would be the least of their worries. While grieving, the child discovers that a stranger had filed a fake deed claiming the parent sold the home for just a few dollars weeks before passing away. Through research, the child discovered documents that included forged signatures and falsified notary stamps. Scammers commonly commit deed fraud through forging signatures, falsifying documents, or illegally transferring property titles to themselves, leading to unauthorized sales of mortgages. Despite the true owner having clear proof of fraud, undoing this damage can become a months-long ordeal filled with court hearings, police reports, and costly legal filings. Landowners should be aware of how easily deed fraud can occur and how important it is to protect your property.

How common is deed fraud?

The FBI’s Internet Crime Complaint Center (IC3) reported 11,578 real estate complaints nationwide in 2021, 11,727 in 2022, and 9,521 in 2023.  The report in its entirety is available here. While these numbers are not huge, they do show that deed fraud and related real estate crimes are occurring across the United States. 

In 2024, Franklin County created the “Deed Fraud Strike Force,” which included the county’s Auditor, Recorder, Treasurer, Commissioners, and Prosecuting Attorney. In their subsequent report, the Strike Force noted that out of the approximately 50,000 home titles processed every year in Franklin County, there are fewer than 10 deeds that are flagged as potentially fraudulent. Despite this low incidence of fraud, Franklin County wanted to get ahead of any growth of the crime with preventative efforts. To this end, the report also recommended Ohio legislation that would give the Auditor’s office greater authority to reject materially false or fraudulent documents, and authority to the Recorder and Auditor to require photo identification for certain real estate transfer and conveyance transactions. The Strike Force further recommended working with county courts to expedite returning properties involved in fraudulent transfers to their rightful owners.

While there have been stories of deed fraud throughout Ohio, it is still relatively rare, and there are steps you can take to protect yourself and your property.

What can I do to protect myself from deed fraud?

 Those who own real estate, whether it’s located in a city, a suburb, or in a rural area, are highly encouraged to contact their county recorder’s offices for protection against deed fraud. Many counties have partnered with software vendors to monitor any changes to recorded documents in the county records. Software like Property Fraud Alert, AlertMe, and Fraud Sleuth are free services that help real estate owners protect their property. Once enrolled, property owners will receive email or telephone notifications when a document is recorded in the county using their name or business name. As an example, the sign up for fraud alerts in Pickaway County is available here. To find out if your county has a similar alert system, go to your county government’s website.  Searching your county name and key words like “property fraud alert” is another approach that may be quicker than searching through your county website.

In addition to signing up for fraud alert software if it is available in your county, the Franklin County Deed Fraud Strike Force compiled a helpful list of steps a property owner can take to prevent deed fraud:

• Check your county recorder and auditor websites often by using the online records search tool to ensure there are no more deeds or mortgages you don’t know about on your property. (Checking this regularly can help you prevent/be aware of deed fraud even if your county doesn’t have fraud alert software).
• Pull credit reports to check for unauthorized activity. A free credit report can be obtained via: https://consumer.ftc.gov/articles/free-credit-reports  
•  If your property is not occupied, check often to ensure that it is not occupied illegally.  Ask someone you trust to look after your home if you are going to be away for an extended period of time (or set up a camera with remote access to monitor).
• Make sure the county auditor and treasurer have your contact address and/or email for you to receive assessment notices, tax bills, etc.  Contact the auditor and treasurer if you suddenly stop receiving notices.
•  Change online passwords regularly.
• Sign up for the electronic notice services if they are provided by your county auditor and county recorder.
• Make sure you are dealing with reputable companies and make sure you only trust your personal and financial information with those you truly can trust.
•  When utilizing the services of a notary, first verify whether the notary is listed on the Ohio Secretary of State website at  https://www.ohiosos.gov

What if deed fraud happens to me?

Despite monitoring, deed fraud can still occur, and courts in Ohio have ruled that if a homeowner’s property is taken by fraud, they are entitled to regain ownership; however, this requires clear and convincing evidence of the fraudulent act.  For example, in the case Salone v. Stovall, which took place in Cuyahoga County, an elderly landowner was deceived into signing a page that had been secretly attached to a falsified deed transferring her home. When she discovered the deception, the trial court voided the fraudulent deed and restored title in her name. The court emphasized that it was not enough simply to take her word for it but, rather there needed to be clear and convincing evidence of fraud occurring. In Salone, that standard was met through evidence showing that the notary had only seen the signature page and not the deed itself, that Salone never intended to transfer her property, and that she was misled into believing she was signing papers for a reverse mortgage. This combination of deception persuaded the court that the deed was the product of fraud. You can read the case in full here. Cases like Salone highlight the importance of clear and convincing evidence needed if a property owner wants to get their land restored. Thus, signing up for fraud alert software offered by your county can provide early notification of any suspicious filings and help you to provide evidence.

If a property owner suspects deed fraud, the following steps should be taken immediately to help protect the homeowner’s rights:  

• Obtain a certified copy of the recorded deed from your County Recorder’s office.
• File a police report with your local police department and/or county sheriff’s department.
• The Franklin County Deed Fraud Strike force recommends alerting your county auditor, treasurer, and recorder of the suspected fraud and following the steps they suggest.
• The Franklin County Strike Force recommends notifying your mortgage company, banks and credit cards of the identity theft and fraud.
• The Strike Force also suggests filing an identity theft notification and affidavit with the Ohio Attorney General.
• Contact your title insurance company (if applicable).
• Consult a real estate or property attorney – They will advise on your legal options and next steps such as:
  • Recording an affidavit or statement of facts regarding the property – A formal declaration in the public record stating the deed is fraudulent.
  • Filing a Quiet Title or similar action – A legal case to have a court confirm you are the rightful owner of the property.
• Gather evidence of identity theft or fraud.
• Change passwords for online accounts.
• Check your credit report for odd, unfamiliar or unauthorized matters.  A free credit report can be obtained via: https://consumer.ftc.gov/articles/free-credit-reports

Although deed fraud is still somewhat rare in Ohio and across the U.S., it is important to be aware than it does happen, and that it can happen to you if you own real estate. If you take precautions to monitor your properties ahead of time, you will be more aware of any suspicious activity occurring that might affect your ownership, and able to respond more quickly if you believe deed fraud has occurred.