Deed fraud, where a property deed is forged or fraudulently executed to transfer ownership without the owner’s consent, is a serious matter in Florida. Crucially, a forged deed is considered “void ab initio” (void from the beginning), meaning it has no legal effect and never actually transfers title from the true owner.
However, because the fraudulent deed is recorded in public records, it creates a “cloud on the title” that must be legally removed.
Here is a breakdown of the key steps and remedies available in Florida if you suspect you are a victim of deed fraud:
1. Immediate Actions (The First Steps)
| Action | Purpose | Statutory/Legal Basis |
| Report the Crime | Deed forgery and property fraud are criminal acts. You should immediately file a police report with the appropriate local law enforcement agency (like the Sheriff’s Office). | Florida Statute § 817.535 pertains to deed forgery and property fraud. |
| Contact the Clerk of Court | Notify the local county Clerk of the Court to dispute the fraudulent filing. The Clerk’s office generally cannot remove the deed without a court order, but they can guide you. | |
| Consult a Florida Attorney | Deed fraud is a complicated legal matter. An experienced Florida real estate attorney is essential to file the correct legal actions, restore rightful ownership, and pursue damages. | |
| Sign Up for Property Fraud Alerts | Many Florida counties offer a free service that alerts property owners within 24 hours when a deed, mortgage, or other document is recorded against their property. This provides early notification to stop further criminal activity. |
2. Civil Legal Remedies
The main legal remedy to restore your title is a civil lawsuit:
A. Quiet Title Action
- Purpose: A Complaint to Quiet Title is a civil lawsuit filed in Circuit Court asking the judge to declare the forged deed to be fraudulent and of no legal effect. This is the most direct way to remove the “cloud” from your title.
- Statutory Basis: This action is based on Florida Statute § 65.091. Recent legislation (such as HB 1419 in 2023) has provided property owners with the right to commence a quiet title action after a fraudulent conveyance attempt.
- Outcome: A final judgment quieting title will direct the Clerk of Court to remove or invalidate the fraudulent deed from the Official Records. Some Clerks provide a simplified form to assist with this filing.
B. Lis Pendens
- Purpose: You should file a Lis Pendens (a notice of pending action) in the Official Records of the county.
- Effect: This notice informs the public that a lawsuit is pending that involves the property. This is critical for preventing the fraudster from selling or transferring the property to an unsuspecting third party while the case is ongoing.
3. Protection for the Original Owner
A critical principle in Florida real estate law is that a forged deed is void. This means:
- No Transfer of Title: The forged deed never conveys title or any legal interest away from the true owner.
- Innocent Purchasers: The forged deed remains void even if the property is subsequently sold to an “innocent purchaser” (Bona Fide Purchaser) who had no knowledge of the forgery. The innocent purchaser acquires no legal rights to the property, as the person who sold it to them never had the legal title to transfer.
- Statute of Limitations: There is no Statute of Limitations that prevents the true owner from challenging a forged deed, because it is void from the beginning and therefore never legally existed.
Attend a virtual or in-office consultation so we can better understand your case and determine how we can help guide you to success.
Retain our firm so we may lead you through the legal process as quickly and painlessly as possible.
