Is Your Property at Risk for Title Fraud? How to Protect Yourself

It took just 90 minutes for them to steal the Empire State Building. The signed, witnessed, and notarized documents were given to the clerk, who examined the documents, and submitted them to be recorded in the New York County Clerk’s office. The building, worth around 2 billion dollars at the time, was quietly transferred to Nelots Properties, LLC., in a transaction not much different than the average homeowner’s.

The clerk wasn’t required to look into the identities of the parties, make any investigation into potential fraud, or even check that the notary stamp was legitimate (it wasn’t). In fact, the clerk didn’t seem to notice that the witness to the sale was Fay Wray, the actress who starred in the original 1933 movie classic, and was carried to the top of the Empire State Building in the film. Wray could not possibly have signed the deed, since she had died four years earlier at the age of 96. The buyer corporation, “Nelots Properties” (“stolen” spelled backwards), was non existent. The notary was Willie Sutton, a name shared with a notorious bank robber from the early twentieth century. Sutton had died in 1980, not that anyone would trust him with a notary license.

But as it turned out, the fraudsters were really just Daily News reporters doing an investigation into how easily it might be to steal a property and record a deed. Within a few hours they reversed their transaction.

Despite this high profile heist, there was absolutely no immediate change in how New York City handled deed and mortgage recordings. For example, in July of 2022, a man in Queens, New York received an email confirming an update in contact information for his late mother’s mortgage – a change he didn’t make. When he contacted the mortgage company, he was told the loan had been paid off back in October of 2021. He then went to his mother’s house and saw construction workers throwing his personal belongings – including irreplaceable family photo albums – into a dumpster.

Upon investigation he discovered that on Nov. 8, 2021, a fraudulent deed was recorded in the New York City register showing a sale for $530,000 by Jorge Vasquez “as sole heir” of the deceased property owner. The buyer was listed as 23-41 100th Street Corp. – with Vasquez as the chairman and sole shareholder. According to the Queens District Attorney, Vasquez obtained the victim’s mother’s social security number and used a fake death certificate (with the wrong year of death) to perpetuate the scam. The Queens man was a victim of deed fraud.

Deed fraud, also called title fraud, occurs when someone files a bogus transfer, and/or mortgage lien without the owner’s consent. It can be a forgery to an innocent third party, or a simple cash out mortgage.

When a deed or mortgage is presented, clerks are required to make sure all documents are in order on their face. This just means that they are complete and in order with no errors of form. For example, they may check for a notary signature and stamp where it should be, but they don’t stop to look up whether the notary has a valid license. They don’t conduct background checks of the parties. No searches are done to see if any corporations involved exist. There are no routine contacts to sellers to see if they ever authorized the sale.

So in most real estate scams, the true owner is unaware of the scam until they attempt to:

• sell their home,
• refinance their mortgage,
• transfer the deed to a relative as part of estate planning, or
• they get served with a foreclosure notice.

In some situations the owner did sign the documents, then later they’re altered for recording. Homeowners often incorrectly assume that any time there’s a filing on their title, such as a lien, the county clerk will routinely mail them a notice. This is not the standard practice. In the case of the Empire State Building, the true owners were never going to be notified by the clerk.

Why Doesn’t Standard Title Insurance Protect an Owner Against All Deed Fraud?

Title Insurance protects a buyer in that it insures against a problem in the chain of title. Mortgage title insurance protects against having to pay off liens that weren’t disclosed and dealt with in the purchase or refinance transaction. But once you own your property, it does not protect you going forward. Title insurance can only look back to the facts at the time you purchased. It does not cover future liens filed after title passes to you. It doesn’t help you in the event someone transfers your title without your permission.

So, how would you know if your property has been sold or mortgaged without your consent? Obviously, the county clerk’s office where the property is located is open to the public on any business day, and you’re always free to walk in and ask to see your records. Anyone – not just the rightful owner – can access and examine a property record. In some jurisdictions you can also search your title online. However, many clerks (such as in Nassau County, New York) keep owners’ names and mortgages off the online portal (likely due to balancing privacy issues).

Now many counties are offering free automatic email alerts, and some offer alerts by traditional mail, to help owners more quickly discover suspicious activity. This doesn’t guarantee that the owner will get their deed back, although finding out as soon as possible provides the best chance at recovering.

Who is Most Likely To Be a Target of Deed Fraud?

Senior citizens and minorities seem to be targeted more often. Homes held by an estate in the interim between the last owner’s death and the next transfer are vulnerable. And not surprisingly, properties held “free and clear” are especially attractive to scammers.

So, in practical terms, what can you do to give yourself as much protection as possible against deed fraud?

Steps to Reduce Risk of Title Fraud:

1. Register for the alerts, & check your title yourself online
2. Make sure the County Clerk has your updated mailing address
3. Identity theft is often involved. Check your credit report regularly. You can order a free credit report at https://www.annualcreditreport.com/index.action & if you think you may be a victim of identity theft you can contact the 3 Major Credit Bureaus at: Experian, 1-888-397-3742, TransUnion, 1-800-680-7289, & Equifax, 1-800-766-0008
4. When away from home, stop mail or have someone trustworthy pick it up every day
5. If you stop receiving your property tax and water bills, your utility bills suddenly increase, or you receive mortgage payment information for a mortgage, home equity, or refinance that you didn’t sign up for, investigate – these are signs your title could have been transferred
6. If the property is vacant, make sure someone physically checks on it often & picks up the mail daily (or have it forwarded to a P.O. Box). If possible, install a security system.
7. In the event of the death of the owner(s), start probating the estate immediately.
8. Always read & understand what you sign – don’t allow anyone to rush you, see an attorney before agreeing to anything – not just deed transfers but home equity lines of credit and home improvement contracts (which can become mechanic’s liens on the property)
9. When buying, do some common sense investigative work before writing any checks. Check the deed online – has it been transferred very recently? Go to the property & knock on the door, talk to anyone living there. Ask the neighbors about the property and who owns it. You can also mail a letter asking for verification that they are the actual owner (without informing the alleged owner that you’re doing this). Contact the previous owner to see if they actually sold it. Verify any information with an unbiased third party who has nothing to gain from the transaction. Your title or escrow company will only perform limited searches.

What Should You Do if You Discover Your Deed Has Been Transferred Without Your Consent – or a Fraudulent Lien Put on Your Property?

If you suspect you’ve already been defrauded, immediately report it to the District Attorney’s office in the county where the property is located, and promptly seek legal advice.

Helpful Links:

Video from the University of Pennsylvania Carey Law School explaining title fraud: https://www.youtube.com/watch?v=lMUwADXRcbs

Free Alerts for Property Owners

We couldn’t include all jurisdictions, but here are a few around the country that offer this service:

New York City

To check your property in all boroughs (Manhattan, Brooklyn, Queens, the Bronx) except Staten Island:

https://a836-acris.nyc.gov/CP/

https://www1.nyc.gov/site/finance/taxes/deed-fraud.page

If your property is located in Staten Island, check your property on the Richmond County Clerk’s website at these links:

This link asks for your name, you might have luck with this link:

https://www.richmondcountyclerk.com/Search/NameSearch

This link asks for your property’s Block & Lot numbers which are found on your deed and mortgage)

https://www.richmondcountyclerk.com/Search/BlockLotSearch

To register your deed for fraud alerts in all 5 boroughs, go to:

https://a836-acrissds.nyc.gov/NRD/

You can search by address or by using the Block and Lot numbers for your property/

There are no fees to register or to receive a notification sent via e-mail or regular mail. However, text message rates may apply (please consult with your carrier).

What if I have a coop or a timeshare?

The system doesn’t work for individual units, only the whole building can receive these alerts.

FAQS Page: https://www1.nyc.gov/site/finance/taxes/deed-fraud-program-faq.page

In New York City Notification will be sent for many document types, such as:

1. Deed including a Life Estate Deed
2. Power of Attorney, & Revocation of Power of Attorney
3. Mortgage, & Correction Mortgage
4. Satisfaction of Mortgage
5. Subordination of Mortgage
6. Judgment
7. Court Order
8. Air Rights

Nassau County, NY

This FREE service provided by the Nassau County Clerk will alert you with an e-mail notification when a document is filed in the Nassau County Clerk’s office with your name on it.

Up to 10 entries of names, properties, or names attached to properties (including corporations)

https://www.nassaucountyny.gov/4699/Property-Fraud-Alert-Sign-Up

Suffolk County, NY

Check your title on https://suffolkcountyny.gov/Elected-Officials/County-Clerk/Online-Records

Click here to join Homeowner’s Watchlist: https://kiosk.suffolkcountyny.gov/kioskweb/Default.aspx

Westchester County, NY

Westchester County’s link to check your title:

https://wro.westchesterclerk.com/Login/Login.aspx?ReturnUrl=%2f

Philadelphia, Pennsylvania

Free Service: Deed Fraud Guard

https://www.phila.gov/services/property-lots-housing/get-help-with-deed-or-mortgage-fraud/sign-up-for-deed-fraud-protection/

Nashville & Davidson County Tennessee

Davidson County Recording Alert

https://fraudalert.bislandrecords.com/index.php?county=davidson&state=tn

Dallas, Texas

Real Property Alert Service

https://www.dallascounty.org/government/county-clerk/recording/property-fraud.php

Fort Worth, Texas

Tarrant County Clerk’s page

https://www.tarrantcounty.com/en/county-clerk/real-estate-records/property-fraud-alert.html

Chicago – Cook County, Illinois

https://www.cookcountyclerkil.gov/recordings/property-fraud-unit

Palm Beach County, Florida

https://www.mypalmbeachclerk.com/services/property-fraud-alert#:~:text=Go%20to%20the%20Property%20Fraud,you%20would%20like%20to%20monitor

Dade County & Miami Florida

Clerk of the Courts Page on Title Fraud Information:

https://www.miami-dadeclerk.com/clerk/deed-fraud.page

Las Vegas, Nevada

Clark County Recording Notification Service

https://www.clarkcountynv.gov/government/elected_officials/county_recorder/recording_notification_service.php

San Diego County, California

Recording Notification Service

https://arccprn.sandiegocounty.gov/

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