Steps to Take for Victims of Property Fraud

Property Fraud

Clerk Miller has made property fraud a top priority in St. Lucie County. Since her election in 2020, Clerk Miller has implemented a property fraud notification system, at no cost to St. Lucie County property owners, to begin to address fraudulent property transactions in St. Lucie County. With statewide concern in this area the Florida State Legislature proposed and passed HB 1419 in 2023, which provides property owners with the right to commence a court action to quiet title after a fraudulent attempted conveyance is made.

What Is Property Fraud?

Property fraud occurs when an individual with no ownership rights uses a forged deed to sell or transfer property to another person. While a forged deed does not actually transfer the property, it gives the appearance to the rest of the world that ownership of the property has been changed. If you believe you have been the victim of property fraud, removing this “cloud” from your title can be a complicated process.

• 1. Report the Crime to the Appropriate Law Enforcement Agency

  Deed forgery and property fraud is a criminal act under Florida Statute 817.535. St. Lucie County’s local law enforcement agencies take this crime seriously and have investigators on staff to investigate these crimes with the hope of bringing the fraudsters to justice. The police report that is created will be helpful to you in removing the cloud from your property.

• 2. File a Complaint with the Circuit Court to Quiet Title Based on Fraudulent Conveyance (Fla. Stat. Sec. 65.091 and 817.535(8)(a))

  A Complaint to Quiet Title based upon a Fraudulent Conveyance is a civil lawsuit that will request the Court to declare the offending deed as fraudulent and having no legal effect. You will need to pay the applicable filing fees or file for indigency. Civil lawsuits can be complicated, and you may want to consider having an attorney handle the suit on your behalf. A civil lawsuit must be served upon all parties. In cases of fraud, it can sometimes be difficult to locate the fraudsters for service, and a court can allow service by publication in certain circumstances. Any final judgment quieting title should direct the Clerk to remove the fraudulent deed from the Official Record. The Clerk can provide a simplified form to assist you in filing a complaint to quiet title based on a fraudulent conveyance. For easy access please click here to view the form.

• 3. Record a Lis Pendens in the Official Records of St. Lucie County

  A lis pendens puts the public on notice that there is a lawsuit involving the property, and helps prevent any subsequent sales or transfers of the property until the court resolves the dispute. The court case must be filed prior to recording the lis pendens.

• 4. Contact the Property Appraiser and Tax Collector

  A recorded deed can change the property owner’s address in the Property Appraiser’s and Tax Collector’s systems. As a result, TRIM notices and property tax bills may be sent to a different address. Unpaid taxes can eventually result in the property being sold at Tax Deed Auction.

• 5. Sign Up for Property Fraud Alert

  If you have not already done so, sign up for Property Fraud Alert, a free service offered by your St. Lucie County Clerk. Property Fraud Alert notifies you within 24 hours of any documents filed that affect your property. While it cannot prevent a fraudulent deed from being filed, it can allow you to respond quickly to address any problems.