Property Title Scams Are on the Rise

A new wave of sophisticated real estate fraud is targeting property owners across the country, where criminals impersonate owners to sell land and homes they do not legally own. This scheme, often called title piracy, leverages digital communication and public records to create fraudulent transactions that can cost unsuspecting buyers hundreds of thousands of dollars.

An incident in a suburb of Austin, Texas, highlights the growing threat. A licensed realtor narrowly avoided facilitating a fraudulent sale of vacant land after her suspicions were raised by a “seller” who would only communicate through email and refused any phone or in-person meetings. This case underscores the vulnerabilities in the modern real estate market and the need for increased vigilance from buyers, sellers, and industry professionals.

Understanding Property Title Fraud

Property title fraud is a type of real estate crime where a scammer fraudulently obtains the title to a property and then attempts to sell it. The process often begins with criminals mining public records for information about a property and its owner. They specifically look for properties that are not owner-occupied, making them harder to monitor.

These targets frequently include:

• Vacant lots or undeveloped land
• Second homes or vacation properties
• Rental homes managed by an absentee landlord
• Properties owned by elderly individuals

Once a target is identified, the criminals create forged documents, such as a new deed, to transfer the property into their name or the name of a shell company. Wesley Kang, a real estate agent in Los Angeles, explained that scammers “grab your information off public records, fake some signatures, pay off a sketchy notary, and boom, they've ‘bought’ your house or land on paper.”

After successfully filing a fraudulent deed, the property appears to be legitimately owned by the scammer. This allows them to list it for sale, often at a slightly reduced price to attract buyers and ensure a quick transaction before the real owner becomes aware of the situation.

A Growing and Sophisticated Threat

The digitization of real estate transactions has inadvertently made it easier for these scams to occur. Katie Hanner, a broker-owner at Thrive Realty who encountered one such scam, noted that initial conversations over email or text are now common practice. “It’s how we do business,” she said, which allows scammers to avoid face-to-face interaction that would expose their identity.

The scale of the problem is significant. According to David Zawadzki, an executive at Proper Title, the FBI's Internet Crime Report for 2023 documented approximately 9,500 complaints related to title fraud. He warns that criminals are continuously evolving their methods.

This increasing sophistication means that even experienced professionals can be deceived. Kevin Tacher, CEO of Independence Title in Florida, has worked directly with law enforcement to combat these schemes. He estimates that his team identifies and stops five to seven fraudulent transactions for every 50 to 75 closings they handle each month, demonstrating the high frequency of these attempts.

Key Red Flags of Title Piracy

While scammers are becoming more advanced, there are several warning signs that can indicate a fraudulent transaction. Jennifer Haskins, an attorney specializing in real estate, advises buyers and agents to be cautious if they encounter certain behaviors from a seller.

Communication and Availability Issues

A primary red flag is a seller who refuses to meet in person or speak on the phone. Scammers rely on the anonymity of email and text to hide their true identity. In Katie Hanner's experience, the seller's refusal to have a simple phone call was the first sign that something was wrong. Another common tactic is for sellers to insist on using their own notary public, often claiming they are out of the country or dealing with a family emergency and cannot meet with one provided by the title company.

Pressure Tactics and Unrealistic Deals

Scammers often create a false sense of urgency to push the sale through before proper checks can be completed. Haskins warns about sellers who are not willing to allow for reasonable due diligence, such as a property tour or a third-party inspection.

Other warning signs include:

1. Prices That Are Too Good to Be True: A listing price significantly below market value is a common lure.
2. Lack of Property Knowledge: A fraudulent seller will often be unable to answer basic questions about the property's history, features, or condition.
3. Unlicensed Agents: If the person claims to be a real estate agent, their license and company affiliation should be verified through official channels.

Protecting Yourself from Property Scams

Preventing title fraud requires diligence from everyone involved in a real estate transaction. Title companies play a crucial role in verifying the legitimacy of a sale. Kevin Tacher's team, for example, sends certified letters to the property owner's registered address and performs reverse phone number searches to confirm they are speaking with the actual owner.

Katie Hanner emphasizes the need to slow down the process and ask critical questions. She advises that professionals should always insist on direct communication and identity verification.

“We’ve got to slow down just enough to ask the questions scammers don’t want us to ask,” Hanner stated. “And if a seller pushes back—if they refuse to meet, refuse to verify, refuse to follow standard procedures—that’s not just a red flag; that’s a deal-breaker.”

For property owners, especially those with vacant or secondary properties, it is wise to periodically check county records to ensure no fraudulent documents have been filed against their property. Some jurisdictions also offer notification services that alert owners whenever a document is recorded in their name. By staying informed and questioning anything that seems unusual, owners and buyers can better protect themselves from becoming victims of this costly crime.