The Shocking Rise of Real Estate Fraud in Florida (And How to Fight Back)

Florida’s real estate market is one of the most active in the country, attracting retirees, investors, snowbirds, and vacation-home buyers. But with high demand comes high risk—and one of the fastest-growing threats to Florida homeowners is deed theft and other types of real estate fraud.

Imagine waking up to find someone else’s name on the deed to your home. It sounds impossible, but across Florida, homeowners are discovering that fraudsters have forged their signatures, filed fraudulent deeds, and effectively “stolen” properties right out from under them. For property owners, the results can be devastating: legal battles, unexpected mortgages, and even the loss of their homes.

The good news? With vigilance and legal know-how, you can protect yourself. Let’s break down what deed theft is, why Florida is such a target, and what steps you can take to keep your property safe.

What Is Deed Theft and Real Estate Fraud?

At its core, deed theft is a type of title fraud. Criminals forge property documents—like warranty deeds or quitclaim deeds—and record them with the county clerk’s office. Once the fraudulent deed is on file, the scammer may attempt to:

• Sell the property to an unsuspecting buyer.
• Use the property as collateral to obtain loans.
• Rent it out to tenants and pocket the cash.

Other forms of real estate fraud can include mortgage fraud, identity theft in closings, and “rental scams,” where criminals advertise properties they don’t own to collect deposits from unsuspecting tenants.

Why It Works

Florida’s recording system operates on the principle that documents filed with the clerk are presumed valid. Clerks don’t verify signatures or ownership—they just record the documents. That means a forged deed looks as legitimate as a real one until someone challenges it.

Why Florida Is Especially Vulnerable

Florida is a magnet for deed fraud for several reasons:

High number of absentee owners: Many properties are owned by seasonal residents, investors, or trusts. These owners aren’t always around to notice fraud quickly.

Hot real estate market: Rising property values make Florida properties especially attractive targets for scammers.

Streamlined recording process: In most counties, deeds can be recorded easily without identity verification, creating opportunities for fraud.

According to the FBI, real estate and rental fraud accounted for over $350 million in losses nationwide in 2022, and Florida consistently ranks among the top states for these crimes.

Warning Signs of Deed Fraud

How can you spot fraud before it spirals out of control? Common red flags include:

• Receiving foreclosure notices or mortgage statements for loans you never took out.
• Property tax bills or utility bills being redirected or stopped.
• Discovering “For Sale” signs or unfamiliar tenants at your property.
• Notifications from the clerk’s office that your deed has been transferred without your knowledge.

Legal Remedies for Victims of Deed Theft

If fraud occurs, the law is on your side—but you’ll need to act fast. In Florida, legal remedies include:

Quiet Title Action: This is the primary tool to clear fraudulent deeds from the record. It asks the court to declare the rightful owner and remove clouded title issues.

Injunctions: Courts can stop fraudsters from transferring or mortgaging the property while the case is pending.

Criminal Charges: Forgery and fraud are crimes. Victims can report the fraud to law enforcement, who may prosecute.

However, these remedies can be time-consuming and costly. The sooner you catch fraud, the easier it is to resolve.

How to Protect Your Property

Being proactive is the best defense. Florida homeowners should:

Register for Property Fraud Alerts: Many counties (such as Miami-Dade, Broward, Collier, and Lee) offer free monitoring services.

Check Property Records Regularly: Visit your property appraiser’s website or clerk’s office to confirm your name is still on the deed.

Secure Sensitive Documents: Keep your original deed, mortgage, and personal identification safe from theft.

Be Careful With Quitclaim Deeds: These are a common tool for fraudsters because they transfer ownership with little scrutiny.

Work With a Real Estate Attorney: Professional review of your closing documents ensures you’re not caught in a fraudulent transaction.

The Role of a Real Estate Attorney

A Florida real estate attorney isn’t just useful after fraud has occurred—they can help you prevent it in the first place. Attorneys can:

• Conduct thorough title searches before purchases.
• Ensure proper documentation at closings.
• Help set up monitoring and fraud-prevention strategies for investors with multiple properties.
• File quiet title actions or injunctions if fraud is discovered.

In short, attorneys are your first line of defense and your strongest ally if fraud does strike.

Key Takeaways

Deed theft and real estate fraud are on the rise in Florida, with scammers targeting absentee owners and vacant properties.

Fraudsters exploit the recording system by filing forged deeds that look legitimate until challenged.

Prevention is key: Sign up for fraud alerts, monitor property records, and secure your documents.

If fraud occurs, legal remedies exist, but they’re costly and complex—making early detection critical.

Real estate attorneys provide both preventive strategies and remedies to ensure your property stays rightfully yours.

Could Someone Be Stealing Your Property Right Now?

Deed fraud in Florida is more common than most people realize. Don’t wait until a scammer targets your home or investment property. At DuFault Law, we help homeowners and investors monitor, protect, and defend their property rights through proactive legal strategies and aggressive litigation when necessary.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation