Deed Fraud
One example of deed fraud is when someone records an illegitimate deed. It often happens after the owner of a house passes away. The criminal will determine the owner’s date of death via public records or other methods; deed the house to himself, forging the deceased owner’s signature and dating it prior to his death; then record the fraudulent deed. After that, they may take out a mortgage on the property or sell the property to an unsuspecting person.
One Family’s Story
I’ve worked with a family who went through this. They were cleaning out the decedent’s house when the neighbors gave them information about someone who had been coming to the decedent’s house claiming that he bought the house from the decedent. The brother of the decedent spoke with the person claiming to be the rightful owner of the house. This scammer provided the name of his business to which he claimed the house was deeded. He kept saying he had a deed, but he never provided the decedent’s family with a copy.
When the family explained the incident to me, I did some online research and was able to find and download a copy of the fraudulent deed. At that point the family called the police and hired an attorney. Luckily, they were able to learn about this scheme before the scammer sold the house to someone else, which would have further complicated the situation.
If the neighbors hadn’t informed the decedent’s family about this person coming around claiming to be the new owner, they probably wouldn’t have found out about it until they attempted to sell the house.
Some Ways to Protect Your Property
The Maricopa County Recorder’s Office has a program that may alert you of possible deed fraud. If the real property is in Maricopa County, you can sign up for “Maricopa Title Alert” which will notify you whenever anything is recorded in a specific person’s and/or business’s name, AFTER you sign up. They notify subscribers via email and/or text message, in English or Spanish. This service is beneficial for both living and deceased owners and is absolutely free. Click on the following link to see how the service works and/or sign up: Maricopa Title Alert. Pinal County and Yavapai County offer similar alerts.
Another way to protect real property against deed fraud is to initiate probate proceedings as soon as possible, if probated is needed. Arizona Probate, LLC can handle your informal probate for a flat fee of $1,200 + costs; see our Services page for details.
More Information on Deed Fraud in Arizona
Click on the following link to watch a video posted by the AZ Attorney General’s Office in 2022: Attorney General’s Office Warns AZ Homeowners About Deed Fraud.
The information on this website is for informational purposes only and should not be construed as legal advice.
