Good news and bad news, folks. Bad news: deed fraud in Florida got so bad that the legislature had to step in with new rules. Good news: these changes actually help protect you from getting caught in fraudulent deals.
Recent Updates in the Florida Law
As of January 1, 2024, every deed recorded in Florida now requires witnesses to include their printed name AND post office address. Not just a signature—the full name and address must be legibly printed, typewritten, or stamped on the deed. This makes it much harder for fraudsters to use fake witnesses or forge signatures. But it also means if you’re coordinating closings, you need to make sure your closing agent knows about this requirement. A deed without proper witness info can be rejected at recording—and nobody wants to explain that delay to their client.
“Wild” or “stray” deeds are unrecorded or out-of-chain documents that create ownership gaps. Basically, someone records a deed that’s not connected to the legitimate chain of title—think forged quitclaim deeds from fake owners. The 2024 reforms specifically target these by requiring clerks to report suspicious activity. If a deed looks hinky—weird timing, unusual grantors, missing info—clerks now have a duty to flag it. If you see gaps in the chain of title or recent transfers that don’t make sense, don’t just shrug and move forward. Recommend title insurance (always) and an attorney review if something looks off.
Many Florida counties now offer free “Risk Alert” or “Title Alert” systems that notify property owners when documents are recorded against their property. This includes wild deeds, mortgages, liens, etc. It takes five minutes to sign up and can save them from discovering fraud months later. This is especially important for vacant properties, investment properties, or elderly clients. It’s free fraud insurance, and it makes you look like a hero.
Florida just strengthened laws against squatters, especially for commercial properties. SB 322 allows for expedited removal, which helps prevent unauthorized people from establishing false ownership claims. Some fraudsters file fake deeds and then move squatters into the property to make the fraud look legitimate. The new law makes it easier to kick them out quickly, which helps shut down these schemes before they snowball.
How to Protect Yourself Under the New Rules
Verify Witness Info on All Deeds:
Check that witnesses have printed names and addresses. If you’re reviewing documents and this is missing, that’s a red flag.
Build in Time for the Cooling-Off Period:
Don’t promise same-day or next-day recording anymore. Give yourself buffer time in case the clerk flags something.
Check for Wild Deeds:
Pull the full chain of title from the county clerk. Look for deeds that don’t connect logically or recent transfers that seem off.
Recommend County Alert Systems:
Tell every client about free fraud monitoring. It’s great service and protects them (and you).
Require Title Insurance:
This covers quiet title actions, fraud losses, and your professional liability. If they refuse, get it in writing.
Document Everything:
Keep copies of IDs, witness info, authorization docs, and any communications about irregular situations. Your file is your defense.
Bottom Line
Florida’s current laws regarding real estate fraud make it harder for fraudsters to operate—but they also mean you need to be more careful about compliance and timelines. These rules also make it easier to spot fraud and harder for scammers to blame you for facilitating it. Follow the new requirements, stay alert for red flags, and keep documenting everything. Your license (and your E&O premiums) will thank you. As always, if you have any questions or concerns about a legitimacy of a deed or ownership of property, seek the advice of a licensed and experienced Florida real estate attorney.
Attorney Mark Mann was featured as a local Southwest Florida expert on Redfin, powered by Rocket.
Read the full article here: What is “Time is of the Essence” in Real Estate?
