Recent headlines and online ads have made many Florida homeowners fear “home title theft” — the idea that someone can steal ownership of their home with a few clicks. It’s a real type of fraud, but the actual risk is often misunderstood. Let’s look at what title theft really is, how common it is, what you can do to protect yourself, and how having your home in a trust might help.
What Is Title Theft, Really?
Title theft — sometimes called deed fraud — happens when a scammer forges your name on a deed and records it in the public records, transferring ownership to themselves or a fake buyer. They might then try to sell the property or use it to secure a loan.
Fortunately, even if a fraudulent deed gets recorded, it doesn’t mean you’ve legally lost your property. Florida law recognizes ownership based on valid transfers, not forged ones. The challenge is discovering the fraud quickly and taking legal steps to correct it.
How Common Is Title Theft?
Despite alarming marketing claims, true title theft cases are rare in Florida. Most clerks of court now use digital recording systems that track document patterns and signatures, making it difficult for fraudulent deeds to go unnoticed.
When title fraud does occur, it usually involves:
- Vacant land or investment property, not occupied homes.
- Owners who live out of state or haven’t checked their records in years.
- Identity theft used to apply for fraudulent mortgages.
Even then, law enforcement and courts can usually reverse the fraudulent filings. The key is early detection.
What Can You Do to Protect Yourself?
You can’t stop someone from filing a document in the public record, but you can make sure you’re alerted the moment it happens.
Sign Up for a Free County Property Fraud Alert
Most Florida counties now offer free property fraud alert systems. You can register your name or property and get an email or text if any document is recorded using that information.
Examples include:
- Sarasota County Clerk of Court: SarasotaClerk.com
- Manatee County Clerk of Court: ManateeClerk.com
- Hillsborough County Clerk of Court: HillsClerk.com
These alerts don’t prevent filings, but they let you act immediately if something suspicious appears.
Avoid Paid “Title Lock” Services
Many paid “title lock” or “title protection” services heavily advertise but often provide nothing more than what your county already offers for free. They can’t actually prevent a forged deed from being recorded.
Lock or Freeze Your Credit Reports
Most fraudulent property transfers are connected to stolen identities used to open loans. You can make this much harder by locking or freezing your credit with all three credit bureaus — Equifax, Experian, and TransUnion. It’s free, reversible, and doesn’t affect your credit score.
If you’re retired or rarely apply for new credit, keeping your reports frozen is an easy, permanent safeguard.
Check Your Property Records
Once or twice a year, visit your county property appraiser’s website and confirm that the ownership information and mailing address are correct. If you see any changes or unfamiliar names, contact your county clerk’s office immediately.
How a Trust Changes the Picture
When your home is titled in your revocable living trust, the deed reflects ownership by the trustee rather than by you individually. That alone can make it harder for a scammer to impersonate you or falsify ownership documents.
It’s not foolproof — a determined criminal could still record a fake deed — but the trust provides an additional layer of verification and transparency. More importantly, it keeps your estate plan organized and makes it easier for your family to act quickly if something suspicious occurs.
What to Do If You Suspect Title Fraud
If you think someone has filed a fraudulent deed or tried to claim your property:
- Check your county property appraiser’s website immediately.
- Contact the Clerk of Court and report the fraudulent document.
- File a police report and keep a copy for your records.
- Contact a Florida attorney experienced in real estate or probate matters. You may need to file a quiet title or declaratory action to clear the record.
The sooner you act, the easier it is to undo the damage.
Final Thoughts
Title theft is real but rare. With free county monitoring, locked credit reports, and a properly titled trust, you can reduce your risk to almost zero.
If you’d like to discuss placing your home in a trust or want help ensuring your property is protected, contact Bart Scovill, PLC for a review of your estate plan. https://scovills.com/?p=3339
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