Deed fraud, also called property fraud or title fraud, happens when someone records a forged or fraudulent document that appears to sell, transfer or borrow against property they do not own. The Miami-Dade Clerk of the Court and Comptroller describes it plainly: an individual “uses a forged document to sell, transfer or incumber property that does not belong to them.” Even when the forged document has no legal effect, it can make it look to the rest of the world as if ownership has changed. Undoing that takes time, money and a court order. This guide covers who is targeted, the warning signs, what Florida law says, what to do if it happens to you, and where a licensed investigator fits.
How deed fraud works
The scheme is simple. A fraudster prepares a deed, often a quitclaim deed, with a forged signature of the real owner and records it in the county’s Official Records. With a recorded deed in hand, they may try to sell the property to an unsuspecting buyer, take out a loan against it, rent it to tenants who have no idea, or simply occupy it. Because recording offices record documents that meet the formal requirements rather than investigating who signed them, a forged deed can sit in the public record until someone notices.
Who is most at risk
- Owners of vacant land and empty homes, where nobody is around to notice activity.
- Out-of-state and overseas owners, which describes many Miami condo and investment property owners.
- Properties owned outright, with no mortgage lender watching the title.
- Older owners and estates, including property still titled to someone who has died.
- Rental properties, where a new occupant may not look out of place.
Warning signs the Clerk lists
The Miami-Dade Clerk’s property fraud page tells owners to act if they become aware of any of the following:
- A fraud courtesy notice from the Clerk’s office.
- A recorded document on your property that you never signed, or that transfers ownership without your knowledge.
- A recorded document signed by someone who had already died.
- A loan taken out on your property without your knowledge.
- Your property tax bill or notices stop arriving.
- A notice of default when you own the home outright, or when you are current on your mortgage.
- Loan or real estate documents in the mail for a transaction you never made.
- A suspicious call, email or text about your property, or a link to a website other than miamidadeclerk.gov.
The Clerk’s deed fraud page adds two practical habits: watch for your Notice of Proposed Taxes, which owners should receive at the end of August each year, and periodically check the Property Appraiser’s owner of record. The County Recorder’s Office also sends a courtesy letter to the owner whenever a quitclaim deed is recorded.
Sign up for Property Fraud Alert
The single most useful step is to enroll in the Clerk’s Property Fraud Alert, which emails you within 24 hours when a document affecting your property is recorded. The Clerk is clear that it cannot prevent a fraudulent deed from being filed, but it lets you respond quickly. If you own property in more than one county, check whether each county’s recording office offers a similar notification service and sign up there too.
What Florida law says
Recording a false document against someone’s property is a crime. Under s. 817.535, F.S., a person who files, or directs someone to file, “with the intent to defraud or harass another,” an instrument containing a materially false, fictitious or fraudulent statement that purports to affect an owner’s interest in property commits a felony of the third degree. A second or subsequent violation is a felony of the second degree. The statute defines “instrument” broadly, covering deeds, mortgages, liens, judgments, leases and satisfactions, among others. Forgery and theft laws may apply as well, and that is for law enforcement and prosecutors to sort out.
What to do if a forged deed is recorded on your property
The Clerk recommends these steps:
- Report the crime immediately to law enforcement. The Clerk’s deed fraud page lists a contact at the Miami-Dade Sheriff’s Office for suspected fraudulent deeds.
- Hire an attorney and file a lawsuit to quiet title. A final judgment quieting title should direct the Clerk to remove the fraudulent deed from the Official Records.
- Record a lis pendens once the case is filed, which puts the public on notice that there is a lawsuit involving the property.
- Contact the Property Appraiser and Tax Collector. A fraudulent deed can change the mailing address on file, so tax bills go elsewhere. Unpaid taxes can eventually lead to a tax deed sale.
- Request a certified copy of the recorded deed from the County Recorder’s Office for your attorney and the police report.
If the property is vacant and you suspect someone is living there without permission, notify the authorities. Do not try to remove occupants yourself.
Where a private investigator helps
The Clerk’s own guidance notes that “it can sometimes be difficult to locate the fraudsters for service.” That is exactly the gap a licensed investigator fills. Working alongside your attorney, an investigator can:
- Trace the paper trail. Who prepared the deed, who notarized and witnessed it, who the “buyer” or grantee is, and whether the same names appear on other recent filings.
- Unmask entities. Fraudulent transfers often go to a newly formed LLC. Florida’s Division of Corporations (Sunbiz) shows officers, registered agents and addresses, which can connect a shell company to real people.
- Locate the people involved so they can be named and served in the quiet title action. See our skip trace services.
- Document occupancy of a vacant property through lawful surveillance: who is coming and going, what vehicles are there, and whether the property is being advertised for rent or sale.
- Check for other victims and assets. Fraud rings rarely stop at one property. An asset check and background investigation can show related filings, lawsuits and anything worth pursuing in a civil claim.
A prevention checklist for Miami-Dade owners
- Enroll every property you own in Property Fraud Alert.
- Look up your parcel on the Property Appraiser’s site a few times a year and confirm the owner of record and mailing address.
- Make sure you receive your Notice of Proposed Taxes each August and your tax bill each year. If one does not arrive, find out why.
- Keep the mailing address on file current, especially if you live outside Florida.
- Have someone you trust check on vacant property regularly.
- Treat unexpected offers to buy your property, or calls about “problems with your title,” with suspicion until verified.
If you are dealing with a broader pattern of misrepresentation, such as a mortgage obtained in your name or a relative transferring property without authority, our fraud investigations team can scope what needs to be documented for your attorney.
Miami Private Investigations