What is a fraudulent deed?
A fraudulent deed is a deed that moves your home to someone else without your real consent. It may carry a forged signature or a fake notary stamp. It may come from someone posing as you, or misusing a power of attorney. Or you may have been tricked into signing it.
A deed is the document that moves a home from one owner to another. Your title is your legal ownership. The county recorder (in some places the clerk or register of deeds) is the office that keeps these records. Our guide to deed theft explains how these schemes work.
Recorders don't check whether a signature is real. In Jackson County, Missouri, the recorder must file any document that meets the legal rules once the fees are paid. The office "is not responsible for verifying the validity, authenticity, or legitimacy of the document" (Rep. Emanuel Cleaver's office). That's why fake deeds get filed.
A forged deed can't give the thief your home. New York's highest court ruled in 2015 that "a forged deed is void ab initio, meaning a legal nullity at its inception" (Faison v. Lewis). But a deed you were tricked into signing can be treated differently, so tell your lawyer exactly what happened.
people reported online real estate fraud to the FBI in 2025, with losses of more than $275 million
Source: FBI Internet Crime Complaint Center, via NAR, April 13, 2026. Covers all online real estate fraud, not only fake deeds. Most homeowners will never face one.
What should you do first if a fraudulent deed is filed on your property?
Get a copy of the deed, report it and get legal help, all within the first few days. These steps follow the advice of New York's Attorney General, California's financial regulator and Ohio State University's Farm Office.
- Get a copy of the recorded deed. Ask your county recorder or clerk for a certified copy, or download it from the county website. Check that it's really your home. Some alerts turn out to be a paper you expected, or a person with the same name.
- File a police report. Go to your local police or sheriff and keep the report number. Ask whether your district attorney has a real estate fraud unit.
- Call a real estate lawyer or free legal aid. Undoing a fake deed almost always involves a court. If cost is a worry, find a legal aid group near you.
- Tell your mortgage company and bank. Ask whether anyone has applied for a loan on your home. Ohio State's guide says to notify "your mortgage company, banks and credit cards."
- Call your title insurance company. Find the owner's policy from when you bought the home. The FBI says "standard owners' policies may provide protection against forgery."
- Report it to the FBI and the FTC. File at ic3.gov if email, phone or online contact was involved. Report identity theft and get a recovery plan at IdentityTheft.gov.
- Tell your state attorney general. In New York, the deed theft line is 1-800-771-7755. California's regulator also says to notify the state Attorney General.
Who should you call about a fraudulent deed?
Call six kinds of offices, and write down the name of everyone you speak to. Each one handles a different part of the problem.
| Who | Why | What to ask or bring |
|---|---|---|
| County recorder or clerk | Holds the fake deed | A certified copy. Whether the county has its own fraud affidavit or forms. |
| Police or sheriff | Forgery is a crime | The copy of the deed, your ID, your own deed. Get the report number. |
| Real estate lawyer or legal aid | Files the court case that clears your title | Everything in the checklist below. Ask about your state's fastest route. |
| Mortgage company and bank | A thief may borrow against your home | Whether any new loan or payoff request was made on your home. |
| Title insurance company | Your policy may cover forgery | Your owner's policy number. Ask in writing whether they'll defend your title. |
| FBI, FTC and state attorney general | Track fraud and identity theft | Emails, phone numbers and bank details the scammer used. |
Sources: NY Attorney General, California DFPI, Ohio State University Farm Office, FBI IC3.
How do you remove a fraudulent deed?
You remove a fraudulent deed by getting a judge's order and recording it with the county. The recorder can't do it for you. Jackson County's recorder "does not have the authority to remove fraudulently recorded documents from the system" (Rep. Cleaver's office).
The usual route is a quiet title action. That's a lawsuit asking a judge to confirm you own the home and cancel the fake deed. Your lawyer often records a lis pendens too. It's a public notice of the lawsuit, which warns buyers and lenders to stay away until the case ends.
A fake deed is cleared when a judge's order is recorded, not when you report it
The usual order of events. How long each step takes depends on your state and court.
- You find itA county alert, a letter, a missing tax bill, or a stranger at the property
- First daysGet a copy of the deed and file a police report
- NextHire a lawyer. Tell your lender and title insurer
- Court caseYour lawyer files a quiet title lawsuit and records a lis pendens
- RulingThe judge declares the fake deed void
- RecordedThe order is recorded with the county. The record shows you as the owner again
Sources: Ohio State University Farm Office, 2026; Florida Statutes s. 817.535; Texas SB 1734.
A criminal case can also void the deed, but only after a conviction. In California, Florida and New York, the court can declare the fake deed void once the forger is convicted. Criminal cases can take a long time, so don't wait on one to protect your home.
Does your state have a faster way to undo a fake deed?
Some states now offer a shorter path than a regular lawsuit. Here are five of the biggest. In other states, ask your lawyer about a quiet title action.
| State | The faster path | How it works |
|---|---|---|
| Texas | Owner's affidavit (since Sept. 1, 2025) | Record a sworn affidavit and mail it to both sides. If no one disputes it within 120 days, ask a district judge to rule. There's no filing fee, and no hearing with testimony. |
| Florida | Fast quiet title | Fraud cases get a faster court process and move up the calendar. Every clerk must give you a simplified complaint form. |
| Arizona | Special action | Ask the superior court "to immediately clear title." The filer owes you at least $5,000 or three times your losses, plus lawyer fees. |
| New York | Pause on court cases | While officials investigate deed theft, courts must pause eviction, foreclosure and ownership cases on the home. After a conviction, prosecutors can ask to void the deed. |
| California | Void after conviction | After a conviction, the prosecutor can ask the court to declare the forged deed void from the start. |
Sources: Texas SB 1734 bill analysis; Florida Statutes s. 65.091; Arizona Revised Statutes s. 33-420; New York S6577 (Chapter 630, 2023); California Penal Code s. 115.
Florida owners can also sue the filer. A court can void the document and award damages. If it finds intent to defraud or harass, it can add a $2,500 penalty per document (s. 817.535).
Will title insurance pay to fix a fraudulent deed?
Maybe. It depends on your policy. The FBI says "standard owners' policies may provide protection against forgery." It tells owners to "check for post-policy protection" (FBI IC3, June 2026). California's regulator says owners "might have limited protection depending on your coverage" (DFPI).
Call the company named on the policy from your closing. Ask in writing whether it will pay a lawyer to defend your title.
What papers should you gather?
Put everything in one folder before you meet a lawyer. Ohio State's guide tells victims to "gather evidence of the identity theft or fraud." It saves time and money.
- A certified copy of the fake deed and any loan recorded with it
- Your own deed from when you bought or inherited the home
- Your owner's title insurance policy
- Recent mortgage statements and property tax bills
- The police report number and the officer's name
- Any letters, emails, texts or online listings tied to the fraud
- A log of every call: date, office, name and what they said
How do you protect your home after a fraudulent deed?
Sign up for your county's free fraud alert and freeze your credit. Criminals who have your details can try again. California's regulator says to freeze your credit with Experian, Equifax and TransUnion.
Our Property Fraud Alert guide shows how the free county alert works. Our six free steps cover the rest. To compare paid options, read home title protection: what works.
Frequently asked questions
What makes a deed fraudulent?
A deed is fraudulent when the owner didn't truly agree to it. That includes a forged signature, a fake notary stamp, someone posing as the owner, a misused power of attorney, or an owner tricked into signing. A forged deed is the clearest case, and courts treat it as void.
Can the county recorder remove a fraudulent deed?
No. Recorders must file documents that meet the legal rules, and they don't decide who owns a home. You need a court order, or a state process like Texas's owner's affidavit, and then you record that ruling with the county.
Is a forged deed legally valid?
No. New York's highest court calls a forged deed "a legal nullity at its inception" and says no time limit can make it valid. It still sits on the public record, though, so you need a judge's order to clear it.
Can you sue someone for recording a false deed?
Yes, in many states. In Arizona, the filer owes at least $5,000 or three times your losses, plus lawyer fees. In Florida, a court can award damages and a $2,500 penalty per document. A lawyer can tell you what your state allows.
How long does it take to remove a fraudulent deed?
It depends on your state and court. Texas's affidavit route takes at least 120 days before you can ask a judge to rule. Florida moves fraud cases up the court calendar. A contested lawsuit takes longer.
Do I still have to pay my mortgage and property taxes?
Yes. New York's Attorney General tells deed theft victims to keep up with their mortgage, property tax and utility payments. If you can't, ask a housing counselor or legal aid group for help.
Get official help first
Start with the county recorder, the police and a lawyer. If cost is a worry, free legal aid can help. When your title is clear, see whether a notice on your title makes sense for your home.
Find free legal aidSee how Still My Home worksSources
- Deed fraud information and resources, Office of Rep. Emanuel Cleaver II, September 26, 2022
- Faison v. Lewis, 25 NY3d 220, New York Court of Appeals, May 12, 2015
- Online real estate fraud climbed to $275M in 2025, FBI says, National Association of Realtors, April 13, 2026
- Deed theft, New York State Office of the Attorney General, checked October 13, 2026
- Home title fraud, California Department of Financial Protection and Innovation, checked October 13, 2026
- What is "deed fraud," and how can landowners protect themselves?, Ohio State University Farm Office (Ellen Essman and Staci N. Gamble), January 22, 2026
- Get legal help, Legal Services Corporation, checked October 13, 2026
- Protect your property from illegal sales through parcel owner impersonation (I-061626-PSA), FBI Internet Crime Complaint Center, June 16, 2026
- IdentityTheft.gov, Federal Trade Commission, checked October 13, 2026
- Refund and recovery scams, Federal Trade Commission, updated August 13, 2026
- Dallas begins cleanup at Trinity River illegal dump site, FOX 4 Dallas-Fort Worth, June 29, 2026
- Trinity River cleanup investigation leads to felony charges against Dallas man for deed fraud, FOX 4 Dallas-Fort Worth, August 4, 2026
- Bill analysis, S.B. 1734 (enrolled), Texas Legislature, 2025
- Section 65.091, Florida Statutes: Quiet title action based on fraudulent attempted conveyance, The Florida Senate, 2025
- Section 817.535, Florida Statutes: Unlawful filing of false documents or records, The Florida Senate, 2025
- A.R.S. 33-420: False documents; liability; special action, Arizona Legislature, checked October 13, 2026
- S6577 (Chapter 630 of the Laws of 2023), New York State Senate, signed November 14, 2023
- California Penal Code section 115, via Justia, checked October 13, 2026