Florida bill targets title theft

Deed fraud continues to rise across Florida, prompting lawmakers to introduce new legislation aimed at stopping scammers before they can steal homes. 

Miami Gardens Sen. Shevrin Jones has filed Senate Bill 116, which would strengthen protections during property transfers and make it harder for fraudsters to falsify documents.

What’s happening:

According to the FBI, deed fraud is the fastest growing form of white-collar crime, often targeting older adults, people living with dementia, or the families of recently deceased homeowners. Scammers frequently focus on vacant or unmonitored properties, selling them or taking out loans before the rightful owner realizes what happened.

The crimes often go unnoticed for months or even years and can be incredibly costly to combat. 

According to officials in Florida, loose state laws make it fairly easy for fraudsters to pull off the transfers. 

“The document only requires a notary and two signatures with an address listed next to them,” explained former Hillsborough County Clerk of Court Cindy Stuart.

What’s in the bill

The backstory:

Under SB 116, any deed or conveyance of real property would require the presence of two independent witnesses before it can be recorded. 

The witnesses must be at least 18 years old, of sound mind, and have no financial interest or involvement in the transfer.

The legislation would also give homeowners the ability to designate a would also create the ability to designate a “trusted person” who would be notified of any filings for the deed. 

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The bill also calls for a 72-hour cooling-off period before documents are officially recorded. This waiting period is designed to give homeowners or the trusted person time to report suspicious activity and act before ownership is transferred. If something doesn’t seem right, they could trigger an investigation into whether fraud or exploitation is at play. 

Clerks of the Court would also be added to the list of professionals required to report suspected abuse, neglect, or exploitation of vulnerable adults to the state’s central abuse hotline.

Dig deeper:

The FBI suggests the following ways to protect yourself and your loved ones:

  • Continually monitor online property records and set up title alerts with the county clerk’s office.
  • Set up online search alerts for your property.
  • Drive by the property or have a management company periodically check it.
  • Ask your neighbors to notify you if they see anything suspicious.
  • Beware of anyone using encrypted applications to conduct real estate transactions.
  • Take action if you stop receiving your water or property tax bills, or if utility bills on vacant properties suddenly increase.

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What you can do:

Property owners can take immediate action by signing up for their county’s Property Fraud Alert system. It’s free, takes only a few minutes, and can be accessed through any local Clerk of Court website. The service sends alerts if any document is filed under your name, giving you time to respond quickly if something looks suspicious.

The Source: Information for this story comes from Senate Bill 116 filed by Sen. Shevrin Jones, interviews with former Hillsborough County Clerk of Court Cindy Stuart, and FBI alerts on property and deed fraud trends.

Crime and Public SafetyFlorida

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