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Owning a home is one of the biggest milestones in life. Would you believe that someone can actually steal the title to your home or property, and you wouldn't even know it is happening? This is called "Title Fraud". It is real, and it can happen to you.
Title fraud (also known as deed fraud or home title theft) happens when someone illegally transfers the ownership of your home into their name—without your permission. This usually involves forging your signature on a legal document called a deed and filing it with the county as if it were a real sale.
In other words, someone could pretend to be you and "sell" your home on paper, even though you still live there.
Here's how it usually works:
A thief targets a home—they usually look for the "low hanging fruit" first. Homes that are vacant, land that isn't built on, homes in probate or possibly owned by an elderly person.
They forge the homeowner's signature on a deed, transferring ownership to themselves or someone else.
Then, they use a fake notarization in order to make it look official.
Finally, they take the deed to the county office and file it. They now appear, at least on paper, to be the owner of your home or property.
According to the FBI's 2023 Internet Crime Report, victims of real estate scams and crimes like home title theft lost over $145 million in 2023 compared to nearly $397 million in 2022. While this shows a decrease, the FBI still reported 9,521 complaints for real estate fraud in 2023 down from 11,727 complaints in 2022. With increasingly sophisticated identity theft techniques and digitization of property records, criminals continue to find ways to execute these schemes, making it crucial for homeowners to stay vigilant.
Sadly, many victims don't discover the fraud until they try to sell their property or receive unexpected foreclosure notices. By then, untangling the mess can take months or even years.
Though anyone can become a victim, certain properties and homeowners face higher risks:
Vacation homes and second properties that aren't regularly occupied or monitored
Seniors, especially those with fully paid properties who may not monitor their property records frequently
Properties with no mortgage (paid off homes) since there's no lender keeping tabs on the title
Inherited properties where ownership records might be in transition
High-value properties in desirable neighborhoods that promise bigger payoffs for fraudsters
Vacant land which is often less frequently monitored by owners
Identity theft victims whose personal information could be used to forge property documents
What is their motivation? Here are a few examples of what they may do once they have the title to your home or property:
Sell the property to someone else.
Take out a loan using the home as collateral.
Rent the property to unsuspecting tenants (who believe they will have a place to move into). They take their deposits, first and last months rents and then run with it.
Use the property for identity laundering and other criminal activities
Secure lines of credit using the equity in your home
Create complex schemes involving multiple properties to confuse authorities and make the fraud harder to trace
Title fraud in Texas is a real problem. Why? Great question, glad you asked!
Texas is an "open records" state. Public records, such as deeds and titles are easily accessible through the county. This transparency is important but it also gives scammers an unobstructed opportunity to dig up information and file documents without raising any suspicion.
Unfortunately, this transparency can turn into a nightmare for Texas property owners if the title of their homes or property are transferred, even if it is just on paper, to someone else. Fixing this takes time and money, in the form of hiring legal counsel, to correct.
Texas also has a large number of vacation properties and retirement homes, which are prime targets for title thieves. The state's booming real estate market makes it attractive for fraudsters looking to cash in on high property values.
Title fraud can have devastating consequences for homeowners. The FBI Boston Division recently warned about an increase in quit claim deed fraud (a quit claim deed is a legal document that transfers property ownership without any warranties or guarantees about the title), noting that from 2019 through 2023, over 58,000 victims nationwide reported $1.3 billion in losses relating to real estate fraud. In the Boston Division alone—covering Maine, Massachusetts, New Hampshire, and Rhode Island—2,301 victims reported losing more than $61.5 million during the same period.
Consider the case of a Houston family who returned from an extended work assignment overseas to find strangers living in their home. The fraudsters had forged documents, "sold" the property to themselves, and then rented it out. It took nearly 18 months and $30,000 in legal fees to reclaim their own home.
In another instance, an elderly widow in Dallas discovered that someone had taken out a $300,000 home equity loan against her paid-off property. The first sign of trouble was when she began receiving default notices for a loan she never applied for.
These aren't isolated incidents—they represent the devastating impact title fraud can have on unsuspecting homeowners.
Although title fraud is rare, there are some simple steps you can take to avoid becoming a victim:
Frequently check your property records with the county: Every few months, check your county clerk's office to make sure no new deeds or liens have been filed without your knowledge.
Sign up for alerts: Some Texas counties offer free alerts that notify you if anything is filed under your name or address. It's a simple way to get a heads-up.
Protect personal info: Shred sensitive documents and be cautious with who you share property or ID information with.
Watch for red flags: If you stop receiving tax notices, utility bills, or other home-related mail, don't ignore it.
Monitor your credit reports regularly: Check for suspicious activity like new loans or lenders you don't recognize.
Consider title monitoring services: Some companies offer services that alert you to suspicious activity on your title, similar to credit monitoring. Home Title Lock and Life Lock are just a couple of examples. However, you should know these services simply monitor records you can check yourself for free.
Invest in title insurance: While standard title insurance protects against past issues, some policies like First American Eagle Policy® provide protection against future fraud.
Place a freeze on your credit: This can prevent fraudsters from taking out loans using your property as collateral.
Keep your property occupied: If you own vacation homes or investment properties, regular checks or property management services can deter would-be fraudsters.
Set up online search alerts for your property: This can notify you of any changes to your property records.
Use a trust or LLC for property ownership: This can add a layer of protection, making it harder for fraudsters to target you directly.
As county records move increasingly online, some jurisdictions are implementing blockchain technology to create tamper-resistant property records. These digital innovations offer hope for more secure property transactions in the future.
Meanwhile, biometric verification is becoming more common in some counties, requiring fingerprints or other unique identifiers before property transactions can be completed. These technological safeguards represent the next frontier in combating title fraud.
If you think someone has tampered with your property title:
Contact your county clerk's office immediately
Talk to a real estate attorney to find out what legal steps you can take
Report the fraud to your local authorities, state and/or federal authorities
File a complaint with the FBI's Internet Crime Complaint Center (IC3) at www.ic3.gov
Contact your lender's fraud department if you suspect scammers have used your identity
Notify credit bureaus and place fraud alerts on your credit reports
Document everything—keep records of all communications and copies of all relevant paperwork
Consider hiring a title company to perform a thorough title search to identify all fraudulent documents
Recovering from title fraud isn't quick or easy. Here's what the process typically involves:
Legal action: Filing a quiet title lawsuit to establish your rightful ownership
Documentation gathering: Assembling evidence of your legitimate ownership
Court proceedings: Which may take months or even years to resolve
Financial impact: Legal fees can range from $5,000 to $50,000+ depending on case complexity
Emotional toll: The stress and uncertainty of fighting to reclaim what's rightfully yours
This isn't meant to frighten you, but rather to emphasize why prevention is so crucial.
While title fraud isn't extremely common, it can be devastating when it happens. The good news is, by staying alert and informed, you can help protect your property and your peace of mind. After all, your home should be yours—and no one else's.
Remember, your home isn't just your largest investment—it's where you build memories, find comfort, and plan your future. Taking simple precautions now can save you from the nightmare of title fraud later.
Have you checked your property records lately? Maybe today's the day to start your protection plan.
FBI Internet Crime Report 2023 - https://www.fbi.gov/contact-us/field-offices/boston/news/fbi-boston-warns-quit-claim-deed-fraud-is-on-the-rise-
9,521 complaints for real estate fraud in 2023
$145 million in losses
Down from 11,727 complaints and $397 million in 2022
FBI Boston Division Report - https://www.fbi.gov/contact-us/field-offices/boston/news/fbi-boston-warns-quit-claim-deed-fraud-is-on-the-rise-
From 2019-2023, 58,141 victims nationwide reported $1.3 billion in real estate fraud losses
In the Boston Division (Maine, Massachusetts, New Hampshire, and Rhode Island), 2,301 victims reported losses exceeding $61.5 million
First American Eagle Policy® - https://www.firstam.com/home-buying-guide/home-title-theft-a-hassle-for-homeowners/
Provides coverage against deeds and mortgages forged after policy issuance
Home Monitoring Services - https://www.kiplinger.com/article/real-estate/t048-c050-s002-how-to-protect-your-home-from-deed-theft.html
Home Title Lock - $19.95 monthly ($199 annually, four years for $796)
Alternative: Free monitoring through county register of deeds websites
NYC Department of Finance Deed Fraud Prevention - https://www.nyc.gov/site/finance/property/deed-fraud.page
Provides specific guidance for NYC property owners
Norton LifeLock Information - https://lifelock.norton.com/learn/fraud/home-title-theft
Identifies vacant properties and vacation homes as high-risk targets
Rocket Mortgage Research - https://www.rocketmortgage.com/learn/home-title-theft
Identifies seniors with paid-off homes as particularly vulnerable
Aura Research - https://www.aura.com/learn/is-home-title-theft-protection-worth-it
Seniors, second homeowners, and identity theft victims at highest risk
Compiled from multiple sources including Experian, Kiplinger, Rocket Mortgage, and All Things Secured
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice specific to your situation.