Real Estate Deed Fraud Is on the Rise—Here’s What You Need to Know

Lately, a few clients have asked me about real estate fraud, especially after seeing a recent presentation by El Dorado County Recorder-Clerk Janelle Horne. If you own property—especially property without a mortgage—it’s important to be aware of growing scams targeting California property owners.

You can watch the Facebook talk here: https://fb.watch/zUwobJz9E1/

What’s Going On?

El Dorado County has seen a spike in cases involving seller impersonation, particularly targeting vacant land. Criminals posing as property owners contact real estate agents to list land for sale—land they don’t actually own. Because these properties typically have:

  • No mortgage or lien,
  • No recent activity, and
  • Absent or out-of-area owners,

…it becomes easier for fraudsters to fly under the radar.

Paid-off homes with no mortgage may also be at risk.

Why Doesn’t the Recorder Block These Fraudulent Transfers?

Under current California law, if a document meets recording requirements, the Recorder must accept and record it—even if it’s suspected to be fraudulent. The Recorder’s office has no authority to deny the recording. However, they can report suspicious activity to the District Attorney’s Office, which has the power to investigate and prosecute.

The bigger issue? Only about 10% of suspected cases are being reported.

What You Can Do to Protect Your Property

While our office does not provide deed monitoring services, here are practical steps you can take as a property owner:

  1. Enroll in Notification Programs
    Thanks to Senate Bill 255, California recorders may soon be required to notify property owners when any document is recorded against their property. This bill requires each county within the state to establish a recorder notification program to notify by mail the party or parties executing a deed, quitclaim deed, mortgage, or deed of trust within 30 days of recordation, as specified.
  2. Manually Monitor Your Property Records
    Periodically check your property’s recording history through your county’s recorder office website. It’s not glamorous—but it’s effective.
  3. Report Suspicious Activity Promptly
    If you receive notice of a recorded document you didn’t authorize—such as a transfer of ownership—report it immediately to your District Attorney’s Office. El Dorado County offers a Fraud Prevention Complaint Form here.
  4. Be Skeptical of “Deed Lock” Services
    Some companies offer to file a UCC lien claiming an interest in your property. While this may show up during escrow, it’s not guaranteed protection—especially if a forged deed is recorded without going through escrow. Also, many counties will not allow self-serving documents like these to be recorded.

The Bottom Line

Unfortunately, there’s no perfect solution or one-size-fits-all “title lock” to stop deed fraud. But staying informed and proactive is your best line of defense. Monitor your property records, report anything that looks suspicious, and don’t assume someone else is watching out for your land—because they might be watching it for the wrong reasons.

If you need help reviewing how your property is titled as part of your estate plan, we’re here to help.

Kaminski Law Group APC

📞 (916) 540-7618
✉️ hello@californiatrusts.law
🌐 www.californiatrusts.law

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