Deed Fraud In Florida
When you believe that you have finally found the Florida home you have always dreamed of, it can be tempting to simply rush through to closing on the sale. However, one of the most important services that a Florida real estate attorney can provide is to ensure that the deed to the home is not fraudulent or has not been conveyed fraudulently. No one wants to contemplate that their deed may be fraudulent; however, it can cause real trouble for you down the road unless you are able to verify that your title is clear.
Who Can Obtain A Fraudulent Deed?
In a standard real estate sale, the deed is given to a buyer in exchange for a home’s purchase price, However, it must be verified beforehand that the deed is real – that is, it is part of the chain of ownership that has existed for generations. Unfortunately, today it is not uncommon for real estate buyers to discover that their deed is fraudulent. A deed is fraudulent when it has been used to transfer real property away from its rightful owner, and may happen in several different ways. For example, a person may forcibly acquire title without the real owner knowing, most commonly by taking out a mortgage on the property.
Other methods of conveyance that might be seen as fraudulent include making the actual owner sign the deed under fraudulent circumstances, or under duress. A deed is essentially a contract, and contracts are not considered valid if they are signed under duress – no “meeting of the minds” exists, and no consideration has been given. If you are able to establish that the deed to the property in question is fraudulent, know that the forger is likely to face felony charges, just as one who forges any other legal document like a will, bill of sale, or transportation ticket would in Florida.
New Pilot Program May Help Curb Fraud
One way that Florida is looking to fight against this behavior is by letting parcel owners know when their land records are logged in the relevant county – if a land record is ‘logged,’ it means that someone is attempting to update or change the record, and the legitimate owner can act accordingly. This program was created by law in 2023, with its initial pilot stage taking place in Lee County It is intended to establish evidence for anyone who may need to later quiet title (that is, to file a lawsuit to extinguish all claims to a piece of property except their own). It also requires witnesses to real estate transactions to provide their addresses, instead of simply stating their names – thus, witnesses to fraudulent transfers can, at least in theory, be traced.
If you are in a situation where you are unsure as to the validity of your deed, it is important to investigate quickly. Florida’s statute of limitations on fraud is 4 years, but the required action to clear title can take just as long – or, if one is unlucky, even longer. The specter of being stuck with a mountain of debt and nowhere to go can feel overwhelming, but the sooner you act, the sooner you may have legal help on your side to protect you.
Contact A Tampa Real Estate Attorney
If you have found a home you want to purchase, but have concerns about its history, a Tampa real estate attorney from the Seward Law Office can help you determine how best to settle your doubts. Contact our office today to schedule a consultation.
Source:
flsenate.gov/Committees/billsummaries/2023/html/3097
