Protecting real property should be a top priority for all homeowners. One particular fraudulent scheme that has become more prevalent in recent years is the recording of fraudulent or rogue deeds. A fraudulent or rogue deed occurs when someone improperly records a deed in the public record that purports to transfer ownership of real property without the proper owner’s knowledge or consent. These fraudulent schemes often involve forged signatures or identity theft. Even though a forged deed is void, it still may cloud a property’s chain of title until it is removed. This can create serious complications when a property owner tries to sell, refinance, or transfer property.
If you discover that a fraudulent deed has been recorded against your property, the primary legal remedy is a quiet title action. Florida law specifically authorizes lawsuits to “quiet title” for fraudulent conveyances of real property. See Fla. Stat. § 65.091. In an action to quiet title, the property owner seeks the court to declare the fraudulent deed invalid and to confirm the rightful ownership of the property. Quieting title is typically required even though the fraudulent deed is void because often times without an order quieting title, the fraudulent deed creates a cloud upon title that will not be removed absent a court order.
It is incumbent upon the rightful property owner to establish that the fraudulent deed is indeed fraudulent and that they are the rightful owner of the property. Once the court enters a final judgment quieting title, the judgment is recorded in the public records, clearing the cloud on title and restoring the integrity of the property owner’s ownership. Quieting title is the only way to remove the fraudulent deed from the record and safeguard a property owner’s ability to freely sell or mortgage their property.
In addition to knowing how to respond to these fraudulent schemes, property owners can also take steps to prevent them. Many Florida counties, including Palm Beach County, now offer free “Property Fraud Alert” services that notify you if a deed or other document is recorded in your name. Regularly monitoring your property records through the county clerk’s website is another effective way to catch issues early.
Taking advantage of these preventative tools, along with consulting an attorney at the first sign of trouble, can help ensure that your property remains protected from fraudulent activity. An attorney can help you evaluate your options, file the necessary legal action, and protect your ownership rights.
The information provided in this article does not, and is not intended to, constitute legal advice; it is for general informational purposes only. No reader of this article should act or refrain from acting on the basis of this information without first seeking legal advice from counsel in the relevant jurisdiction to ensure the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
Brett Lashley, a member of Jones Foster's Complex Litigation & Dispute Resolution and Land Use & Governmental teams, focuses his practice in the areas of general commercial litigation with an emphasis on real estate and local municipal law. He represents individuals and businesses in matters involving real property and deposit disputes, landlord-tenant disputes, and commercial contract litigation. Brett provides counsel to the Town of Lake Park, the Town of Jupiter, and the Town of Palm Beach and advises the municipalities with respect to code enforcement hearings, planning and zoning, and Town commission meetings.
Jones Foster is a full-service commercial and private client law firm headquartered in West Palm Beach, Florida, with offices in Palm Beach and Jupiter. Tracing its roots back to 1924, the firm has served as an integral part of South Florida’s growth and prosperity. Through a relentless pursuit of excellence, Jones Foster delivers original legal solutions that help clients, colleagues, and the community to move forward. A significant number of attorneys have received the designation of Board-Certified Specialist by The Florida Bar in their specific practice area. The firm’s practice groups include Complex Litigation & Dispute Resolution; Corporate & Tax; Land Use & Governmental; Private Wealth, Wills, Trusts & Estates; Real Estate; and Trust & Estate Litigation. For more information, please visit www.jonesfoster.com.
