Sept. 1, 2023
Hi Everyone
I am sending this out to everyone I know because it is so important that you are aware of what's happening & how to protect yourself.
I am attaching a few video links that explain what's happening today in Real Estate Deed Fraud. I am also attaching a link to Maricopa County so that you can set up alerts for your self. The most venerable are home that are owned free & clear & are not in a trust & rental properties. They are also targeting land & vacant lots. I have personally went on Maricopa Counties website & entered my info & I also go on their site and put in my property assessors # and check it every month.
Fraud video
If you’re a homeowner, do you know if your property is safe? I don’t mean from the weather or elements; I’m talking about deed fraud. This is a crime where a person falsely claims ownership of your property. If you aren’t protected, the consequences of this crime can be catastrophic. Today, I’m taking you through how deed fraud works and how you can protect yourself and your home. To learn more, check out this video.
Tools to Combat Seller Impersonation and Deed
Fraud
aaronline.com/2023/06/07/tools-to-combat-seller-impersonation-and-deed-fraud
June 7, 2023
By K. Michelle Lind
Deed fraud. You have heard about it and read about it. You may have been a victim or know someone
who was. Last August the Attorney General’s Office warned Arizona homeowners about deed fraud with
an informative video on the crime by a Special Investigator.
The Crime
The United States Secret Service Cybercrimes Investigations Field offices have reported a sharp increase
in deed fraud crimes associated with unencumbered (lien-free), non-owner-occupied properties, such as
vacation homes, rental properties, investment properties, and vacant properties. Criminals posing as “out
of town” property owners are listing these targeted properties, falsifying documents, impersonating the
notary, and absconding with the proceeds at close of escrow.
Now there are some tools to help combat this crime.
ALTA Seller Impersonation and Deed Fraud “Red Flags” and Precautions Information
Real estate industry partners must work together to educate ourselves and others about these fraudulent
schemes to help prevent them. The American Land Title Association (ALTA) has published this flyer
[https://www.aaronline.com/wp-content/uploads/2023/06/06/ALTA-Seller-Impersonation-Handout.pdf]
listing the deed fraud “red flags” to watch for and the precautions to take to protect property owners and
the industry for this increasingly common crime. Please share this ALTA flyer with your broker, office,
escrow/title company, and local association.
County Recorder Alert Systems
The Pinal and Yavapai County Recorders have a system that allows property owners to sign up to receive
an alert whenever a document is recorded that mentions their name. The Maricopa County Recorder’s
Office is launching a similar opt-in alert system to combat deed fraud. See, Amid a rise in title theft,
Maricopa County launches new alert system (azcentral.com).
All of Arizona’s counties are required by a new law (SB 1110) to offer similar alert systems by 2025. The
system will be voluntary, and the notice may be provided by email, text, or other similar means. A.R.S.
§11-467.
These notification systems will alert owners if their property has been subject to deed fraud. This early
warning will assist owners and law enforcement in the investigation and prosecution of deed fraud
criminals.
Common Deed Fraud “Red Flags”
Below are some deed fraud red flags to be aware of and report to your broker and at
https://www.azag.gov/consumer if fraud is evident.
The property is:
non-owner-occupied or vacant
owned free and clear
The Seller
is out-of-state and will not meet in person
communicates only via email or text
has a different address than the property address or tax mailing address
wants a quick, below market price cash sale
insists on using their own remote notary
wants sale proceeds wired
For More Information
Title Talk – Entity Hijacking/More Deed Fraud: https://www.aaronline.com/title-talk/
Arizona Attorney General Deed Fraud: https://www.youtube.com/watch?v=cqmyE7qDsJo
American Bar Association – How to Avoid Title Fraud on Your Property:
https://www.americanbar.org/groups/senior_lawyers/publications/voice_of_experience/2022/october-
2022/how-to-avoid-title-fraud/
K. Michelle Lind, Esq. is an attorney who currently serves Of Counsel to the Arizona REALTORS®. She is
also the author of the book – Arizona Real Estate: A Professional’s Guide to Law and Practice (3rd Ed.) .
For more real estate related articles, visit Michelle’s Blog at Arizona Real Estate – A Professional’s Guide
to Law & Practice. (arizonarealestateprofessionalguide.blogspot.com)
This article is of a general nature and may not be updated or revised for accuracy as statutory or case law
changes following the date of first publication. Further, this article reflects only the opinion of the author,
is not intended as definitive legal advice and you should not act upon it without seeking independent legal
counsel. 6/1/23