Removing Fraudulent Deed Holders From Florida Property

Someone forged a deed to your property and is now claiming ownership. This guide explains how to cancel the fraudulent deed, eject the imposter, and clear your title through the Florida courts.

Deed fraud is one of the fastest-growing property crimes in Florida. Criminals forge deeds — using stolen identities, fabricated notarizations, and sometimes the cooperation of corrupt notaries or title agents — then record those deeds in the public records, effectively hijacking the victim’s title. The fraudster may move into the property and claim ownership, sell the property to an unsuspecting buyer, or use the fraudulent deed to take out a mortgage and pocket the loan proceeds. In every scenario, the true owner must go to court to undo the damage.

The legal remedy for removing a fraudulent deed holder from your property is an ejectment action under Section 66.021, Florida Statutes, combined with a quiet title action under Section 65.011. The ejectment count removes the person from the property. The quiet title count cancels the fraudulent deed and restores clean title to the rightful owner. Together, they provide a comprehensive remedy — but speed is critical because every day the fraudulent deed sits unchallenged, the situation can become more complicated.

Table of Contents

1. How Deed Fraud Happens in Florida
2. How to Discover Deed Fraud
3. Immediate Steps When You Discover a Fraudulent Deed
4. The Ejectment and Quiet Title Lawsuit
5. Proving the Deed Is Fraudulent
6. What If the Property Was Sold to a Third Party?
7. Frequently Asked Questions

1. How Deed Fraud Happens in Florida

Deed fraud typically follows one of several patterns. In the identity theft model, the fraudster impersonates the property owner — using a stolen or fabricated ID — and executes a deed transferring the property to themselves or to an accomplice. The fraudster finds a notary (sometimes a corrupt one, sometimes an unwitting one who fails to verify identity) to notarize the signature, then records the deed in the county’s official records. Once recorded, the deed appears legitimate on its face and becomes part of the public title chain.

In the vacant property model, criminals target properties that appear unoccupied — investment properties, vacation homes, properties in probate, and properties owned by out-of-state or elderly owners. The fraudster forges a deed, records it, then either moves into the property (posing as the new owner) or lists it for sale, often at a below-market price to attract a quick buyer and close before the true owner discovers the fraud.

In the estate fraud model, a person claims to have inherited the property (sometimes using a forged will or fraudulent affidavit of heirship) and executes a deed in their own name. This variant is particularly common when the true owner has recently died and the estate is in probate or the heirs are not actively monitoring the property.

In every model, the fraudster exploits the fact that Florida is a “race-notice” recording jurisdiction — the recording of a deed in the official records creates a presumption of validity that must be rebutted in court. The mere recording of a fraudulent deed does not make it valid, but it does create a cloud on the title that only a court order can remove.

Fraudulent Deeds Are Void — But You Still Must Go to Court

Under Florida law, a forged deed is void ab initio— it has no legal effect and conveys no title, even to a good-faith purchaser. However, the fraudulent deed remains in the public records until a court orders it canceled. You cannot simply go to the county recorder’s office and ask them to remove it. A quiet title judgment is required to clear the record, and if the fraudster is occupying the property, an ejectment judgment is required to remove them.

2. How to Discover Deed Fraud

Many victims of deed fraud do not discover the fraud until weeks, months, or even years after the fraudulent deed was recorded. Common ways property owners discover deed fraud include receiving a property tax bill addressed to someone else; receiving notice of a mortgage or lien against the property that they did not authorize; discovering that utility accounts have been changed to a different name; being contacted by a real estate agent about a pending sale of the property that the owner did not authorize; receiving a notice from a title company about a title search revealing a deed the owner did not execute; being contacted by a tenant who was told they have a new landlord; and attempting to sell or refinance the property and discovering the title defect during the title search.

Property owners can proactively monitor for deed fraud by subscribing to their county’s property fraud alert service (offered by most Florida counties at no cost), which sends an email notification whenever a document is recorded against their property. Regular review of the county’s official records for any new recordings against the property’s legal description is also advisable, particularly for out-of-state owners.

3. Immediate Steps When You Discover a Fraudulent Deed

Step 1: File a police report. Deed fraud is a criminal offense in Florida. Filing a police report creates an official record and may trigger a criminal investigation. Some county sheriff’s offices have specialized real estate fraud units. While the criminal investigation may proceed slowly, the police report itself is useful evidence in the civil case.

Step 2: Contact a real estate litigation attorney. Time is critical. Every day the fraudulent deed sits in the public records, the fraudster may attempt to sell the property, take out a mortgage, or create additional complications. An experienced attorney can move quickly to protect your interest.

Step 3: Record a lis pendens. The attorney should file the ejectment/quiet title complaint and simultaneously record a lis pendens in the county’s official records. The lis pendens provides constructive notice to anyone searching the title that the property is the subject of litigation. This effectively prevents the fraudster from selling the property to a bona fide purchaser during the pendency of the case.

Step 4: Check for additional fraudulent recordings. The fraudster may have used the fraudulent deed as a basis for recording additional instruments — mortgages, liens, or even a second deed transferring the property to yet another party. A full title search should be conducted to identify every fraudulent instrument in the chain so they can all be addressed in the quiet title action.

Step 5: Notify your title insurance company. If you have an owner’s title insurance policy, notify the insurer immediately. Title insurance typically covers losses arising from forged or fraudulent deeds, and the insurer may assume the cost of the litigation or provide financial assistance.

4. The Ejectment and Quiet Title Lawsuit

The complaint should include two primary counts. The ejectment count alleges the plaintiff’s superior title, the defendant’s wrongful possession based on a fraudulent deed, and requests a judgment for possession and writ of possession. The quiet title count alleges the plaintiff’s valid title, the existence of the fraudulent deed as a cloud on title, the specific grounds for invalidity (forgery, fraud, identity theft, lack of authority), and requests a judgment declaring the plaintiff’s title superior, canceling the fraudulent deed, and ordering the clerk to record the judgment in the official records.

Additional counts may include conversion (if the fraudster collected rent or other income from the property), fraud and conspiracy (if multiple parties were involved in the scheme), slander of title (recording a knowingly false document that damages the owner’s title), and a claim for mesne profits (the reasonable rental value for the period of wrongful possession).

5. Proving the Deed Is Fraudulent

Handwriting and Signature Analysis

In forgery cases, a forensic handwriting expert can compare the signature on the fraudulent deed to the true owner’s known signatures and provide an opinion on whether the signature is genuine. Expert testimony on forgery is typically compelling and can support a summary judgment motion if the expert’s opinion is uncontroverted.

Identity Evidence

The plaintiff can demonstrate that the true owner was not present at the purported execution — for example, by showing the owner was in a different state or country on the date the deed was notarized, that the owner was hospitalized or incapacitated, or that the ID used to verify identity (if any) was stolen or fabricated.

Notarization Defects

Many fraudulent deeds contain notarization irregularities — the notary’s commission was expired, the notary was not physically present during the purported signing, or the notary has been identified as a participant in a broader fraud scheme. Florida law requires that the grantor personally appear before the notary and be identified through satisfactory evidence of identity. Any failure in this process undermines the deed’s validity.

Chain of Title Anomalies

The fraudulent deed may contain errors that reveal its illegitimacy — misspelled names, incorrect legal descriptions, incorrect vesting information, or references to instruments that do not exist. A thorough title examination will identify these anomalies and provide ammunition for the quiet title action.

6. What If the Property Was Sold to a Third Party?

One of the most complex scenarios arises when the fraudster, using the fraudulent deed, has already sold the property to a third party who purchased in good faith. Under Florida law, a forged deed is void and conveys no title — even to a bona fide purchaser. This means the true owner’s title is superior to the third-party purchaser’s title, regardless of whether the purchaser acted in good faith and paid full value.

However, while the law is clear, the practical situation is difficult. The third-party purchaser may have paid hundreds of thousands of dollars for the property, may have obtained a mortgage, and may be living in the property with their family. They are also a victim. The quiet title action must name the third-party purchaser as a defendant, and the judgment will cancel both the fraudulent deed and the deed from the fraudster to the purchaser. The purchaser’s remedy is against the fraudster (who may have disappeared), against any title company that insured the transaction, and against any real estate professionals who participated in the sale.

This scenario underscores the importance of acting quickly when deed fraud is discovered. The longer the fraudulent deed sits in the public records, the greater the risk that the property will be sold to an innocent third party, compounding the harm.

Fraudulent Deed Recorded Against Your Property?

Every day matters. We move aggressively to record lis pendens, file suit, and restore your rightful ownership.

7. Frequently Asked Questions

Related Guides

• ← Back to: Florida Ejectment Lawyer (Pillar Guide)
• Quiet Title and Ejectment: When to Combine Both Actions
• Post-Foreclosure Ejectment: Removing Former Owners
• Remove Squatters in Florida — Unlawful Detainer