New Property Fraud Legislation

real estate law

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Property fraud, also known as deed fraud or “house-stealing,” is a fast-growing white-collar crime in the United States. This type of fraud can go undetected and can cause an array of issues, including the unlawful transfer of ownership of property. For example, property fraud can occur if someone forges your identity and transfers your property into their name and records a document in the Official Records. This fraudulent activity can make it appear as if that person owns your home or property, and you may have no idea that it happened! It sounds absurd, but unfortunately this type of fraud happens.

Gov. DeSantis signed into law a new pilot program designed to combat property fraud in Florida. HB 1419, an effort initiated by Lee County Clerk Kevin Karnes and local lawmakers, makes it harder to file fraudulent deeds in Lee County.

The “Title Fraud Prevention Through Identity Verification Pilot Program” unanimously passed both Florida legislative chambers and will go into effect July 1, 2023. It authorizes the Lee County Clerk to pilot the program for two years and build out how the process may work for other counties. The bill was sponsored by Rep. Will Robinson and Sen. Jennifer Bradley.

Nobody should be able to steal your property and get away with it. This law creates new requirements when recording deeds in Lee County to deter thieves from targeting property owners. After two years, he will present a formal recommendation to legislators on whether the program could be expanded to all 67 Clerks statewide.

The new property fraud prevention program will require anyone who records a deed at the Lee County Clerk’s office to present a government-issued photo ID before the deed is processed. This will make it easier for law enforcement to verify the identity of the parties engaged in a property-related transaction and investigate fraudulent activity more thoroughly.

Previously, because of state law, the Clerk’s office was required to accept and record a document if it met statutory requirements, even if the document was fraudulent. That process did not include presenting any sort of identification to the Clerk.

If you are the victim of property fraud or any other type of real estate legal problems, call Ben Winter. Ben Winter, P.A. focuses its practice in the areas of real estate law, Social Security Disability and Workers Compensation in St Petersburg, Florida.  For more information, go to our web site www.benwinterlaw.com or call (727) 822-0100.

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