The frantic call to the Register of Deeds office came from a woman who lived in Florida. A neighbor had called to say someone was clearing out her vacant North Carolina house. Concerned that something wasn’t right, she asked whether anything had recently been recorded affecting her property. Sure enough, a fraudulent deed signed by someone claiming to be her attorney-in-fact had been recorded just a week earlier.

This true story is a textbook example of deed fraud. 

You may have heard other names for it in television commercials, podcasts, or online ads pushing paid monitoring services: 

• Home title theft
• Property theft
• House stealing
• Deed forgery
• Title fraud

Deed fraud generally happens one of two ways: someone forges a property owner’s signature on a deed, or someone falsely claims authority to sign on the owner’s behalf as an attorney-in-fact. One thing to keep in mind — the Register of Deeds office records documents.

Period.

It does not verify signatures. It does not check whether someone signing as an attorney-in-fact actually has that authority pursuant to a recorded power of attorney.

In my forty years of hanging around the Register of Deeds office and performing title exams for real estate transactions in North Carolina, I have heard of exactly one case of deed fraud in my home county. 

So, it’s probably not as common as the commercials want you to believe.

While it’s not very common, it does happen. So, what can you proactively do to protect your property from title fraud?

Honestly, nothing is 100%.

However, you can make yourself a more difficult target and increase your chances of detecting a problem quickly.

How to Protect Yourself Against Deed Fraud

1 – Sign Up for Your County’s Property Notification System

Many Register of Deeds offices offer free alerts tied to your name — submit a list of names, and you get an email whenever a document is recorded under one of them. It won’t stop someone from filing a fraudulent deed, but it will alert you quickly.

2 – Keep Your Property Occupied, Maintained, and Watched Over

Criminals target vacant properties, especially ones with out-of-state owners — that’s exactly what made the woman in our story a target. Vacant, out-of-state properties are attractive because the owner may not discover a problem until weeks or even months later. 

You can still take measures to protect yourself from deed fraud. 

Do your best to keep the property rented and maintained. Overgrown grass, fallen limbs, and an overstuffed mailbox all scream “nobody’s watching this place!” 

If you live out of state, get to know your neighbors and stay connected. Neighbors are usually the first to notice something suspicious, and they don’t want trouble so close to home any more than you do. 

Look for ways to be a good neighbor. One way is to let them use your driveway when your property is vacant. This act of kindness serves two purposes: it gets their cars off the street, and it makes your property appear occupied.  

3 – Protect Your Online Information

Many cases of deed fraud begin with identity theft. Criminals gather enough personal information to impersonate a property owner.

Protect items such as:

• Social Security number
• Driver’s license
• Online banking credentials
• Email accounts
• Financial records

Use strong passwords, enable two-factor authentication whenever possible, and shred sensitive documents before discarding them.

4 – Check Your Property Records Periodically – Don’t Solely Rely on Alerts

Be proactive and periodically check the records yourself. Most Register of Deeds offices have online records that allow you to review recorded deeds.

You can also verify that the tax office still shows you as the owner and that your mailing address hasn’t changed.

5 – Don’t Ignore Unexpected Mail

Not everything in your mailbox is junk and Valpaks.  Sometimes an odd piece of mail is the first hint of a problem. 

Pay attention if you receive mail relating to your property that doesn’t make sense, such as:

• A mortgage statement for a loan you never obtained.
• A notice of a home equity line of credit you didn’t open.
• Homeowners insurance notices for a policy you didn’t purchase.
• Utility bills or account confirmations in someone else’s name.
• Letters addressed to unknown individuals at your property.

Most of these situations have perfectly innocent explanations. However, they can also be signs of identity theft, mortgage fraud, or someone attempting to steal your property.

If something doesn’t seem right, don’t throw the letter away. Contact the company that sent it, review your property’s public records, and investigate the issue promptly. Catching a problem early can save significant time, expense, and frustration later.

Myth vs. Reality 

One reason deed fraud generates so much fear is that there are many misconceptions about how it works. And “protection” services make a lot of money fanning this fear. Let’s separate a few myths from reality. 

Myth: If someone records a deed to my property, they automatically own it.

Reality: Recording a deed and legally owning property are not necessarily the same thing. A forged deed is generally void and does not transfer valid ownership. It can still create a title mess that takes a lawsuit to clean up, though, so don’t take comfort in that alone. 

Myth: The Register of Deeds verifies every deed before recording it.

Reality: No. They record what’s presented to them. That’s it. Nobody there is checking signatures or confirming that the person signing as attorney-in-fact actually has that authority.

Myth: Paying for a monitoring service prevents deed fraud.

Reality: False. It doesn’t prevent a thing. All it does is notify you faster than you might catch it yourself — and most counties already offer that for free.  

Final Thoughts about Deed Fraud

While deed fraud makes for frightening television commercials, the reality is that it is relatively uncommon. In my forty years of performing title examinations, I have personally heard of only one case in my home county.

That doesn’t mean it can’t happen. It just means homeowners should stay informed rather than fearful. By taking a few practical steps and paying attention to your property records, you can make yourself a more difficult target and greatly improve your chances of detecting a problem before it becomes a much larger one.

Disclaimer: This article is intended for general educational purposes and is not legal advice. If you believe you’ve been the victim of deed fraud or have questions about your legal rights, consult a qualified real estate attorney.