Somebody can record a deed to your house without you.

A county recorder is not a referee. Hand over a document that meets the formal requirements and it gets recorded, because the recording office checks that the paperwork is in order, not that it is honest.

Which means somebody can record a deed purporting to transfer your property to themselves. Florida's answer to that is not at the counter. It is in the criminal code, in a civil remedy, and in a free alert the county will send you.

Deed fraud, which is the one people mean

Florida treats filing a false instrument against property as a crime in its own right, separate from any underlying theft:

A person who files or directs a filer to file, with the intent to defraud or harass another, any instrument containing a materially false, fictitious, or fraudulent statement or representation that purports to affect an owner's interest in the property described in the instrument commits a felony of the third degree.

Fla. Stat. s. 817.535(2)(a)¹

Read what triggers it. The offence is the filing, done with intent to defraud or harass, of an instrument that purports to affect an owner's interest.¹ The degree rises to a second-degree felony for a second or subsequent violation, and the statute reclassifies the offence upward where the victim is a public officer or employee, and where the owner incurs financial loss or the offence is committed while incarcerated.¹

The other fraud, and why searching gets confusing

Search for property fraud in Florida and you will land on a different statute entirely. The Florida Uniform Fraudulent Transfer Act, Chapter 726, uses the same word for something that is not remotely the same thing:

A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation ... with actual intent to hinder, delay, or defraud any creditor of the debtor.

Fla. Stat. s. 726.105(1)(a)²

That is a real owner making a real transfer, which a creditor may later unwind.² Nobody forged anything. It has nothing to do with somebody stealing your house on paper, and conflating the two sends people looking for the wrong remedy.

What the law lets an owner do about it

The criminal provision is not the owner's only route, and the owner does not have to wait for a prosecutor. The statute creates a civil cause of action for any person adversely affected by an instrument filed in the official record containing a materially false, fictitious, or fraudulent statement, and it applies without regard to whether criminal charges are pursued.¹

The remedies are substantial. A court may declare the instrument null and void ab initio, award actual and punitive damages, levy a civil penalty of $2,500 per instrument, and enjoin the filer from making further filings without judicial approval, with costs and attorney fees to the prevailing party.¹ Void ab initio is the phrase that matters: not cancelled going forward, treated as never having had effect.

Miami-Dade will tell you for free

The practical problem with a forged deed is not usually the law. It is that nobody notices for months. Miami-Dade closes that gap with a free service.

The Clerk of the Court and Comptroller offers Property Fraud Alert, which emails a subscriber within 24 hours when a deed has been recorded against a registered folio number. The Clerk is direct about its limits: while it cannot prevent a fraudulent deed from being filed, it can allow you to respond quickly.⁴

There is a second notification that happens automatically. The County Recorder's office sends a courtesy letter to the property owner whenever a Quit Claim Deed is recorded.³ Quit claim deeds are the instrument most often used in these schemes, so that letter is worth opening rather than discarding.

Where paid title monitoring fits

Subscription products advertise protection against exactly this, and whether one is worth buying is the purchaser's decision against that product's actual terms. What a reader can weigh are three facts.

Miami-Dade already provides recording notification at no charge.⁴ Being notified is not the same as being insured or being represented. And a forged deed in the chain of title is among the matters an owner's title insurance policy addresses, which is covered in our guide on what title insurance covers. Read what any paid service actually promises against those three points before deciding.

What the Clerk says to do if it happens

This is the county's own instruction rather than ours. Miami-Dade directs an owner who suspects someone has obtained a fraudulent deed to their property to call the Miami-Dade Sheriff's Office Organized Crimes Bureau, Economic and Specialized Investigation Section, and to obtain the services of an attorney as soon as possible.³

The Clerk also suggests periodically checking the Miami-Dade County Property Search to verify the Property Appraiser's owner of record.³ For a listing agent that is a thirty-second check before taking a listing, and it is the same instinct behind ordering a municipal lien search early rather than in closing week.

The short version

Recording a forged or materially false instrument against Florida property is a third-degree felony, and the owner has a separate civil claim that can have the instrument declared void ab initio with damages, a statutory penalty and fees.¹ That is unrelated to a fraudulent transfer under Chapter 726, which is about creditors rather than forgers.² Miami-Dade will email you within 24 hours when something is recorded against your folio, free.⁴

If something has been recorded against a property you own or are listing and you do not recognise it, the Clerk's guidance is to involve law enforcement and an attorney promptly.³ We are glad to help you read what is actually in the public record for the property.

Common questions

Is deed fraud a crime in Florida?

Yes. Under Florida Statute 817.535, a person who files, or directs a filer to file, with the intent to defraud or harass another, any instrument containing a materially false, fictitious, or fraudulent statement or representation that purports to affect an owner's interest in the property described in the instrument commits a felony of the third degree. The degree increases for repeat violations, where the victim is a public officer or employee, and where the owner incurs financial loss.

What can a Florida owner do about a fraudulently recorded deed?

Florida Statute 817.535 gives a civil cause of action to any person adversely affected by an instrument filed in the official record containing a materially false, fictitious, or fraudulent statement, and it applies without regard to whether criminal charges are pursued. The court may declare the instrument null and void ab initio, award actual and punitive damages, levy a civil penalty of $2,500 per instrument, and enjoin further filings without judicial approval, with costs and attorney fees to the prevailing party.

What is the difference between deed fraud and a fraudulent transfer in Florida?

They are unrelated despite the shared word. Deed fraud is the recording of a forged or false instrument against someone's property and is criminal under Florida Statute 817.535. A fraudulent transfer under Chapter 726, the Florida Uniform Fraudulent Transfer Act, is a real transfer by an actual owner that a creditor can unwind, and Florida Statute 726.105 reaches a transfer made with actual intent to hinder, delay, or defraud any creditor of the debtor. One is theft of your property; the other is a debtor moving property away from creditors.

Does Miami-Dade County notify owners when a deed is recorded on their property?

The Miami-Dade Clerk of the Court and Comptroller offers a free Property Fraud Alert service that emails a subscriber within 24 hours when a deed has been recorded against a registered folio number. The Clerk states that while it cannot prevent a fraudulent deed from being filed, it can allow you to respond quickly. Separately, the County Recorder's office sends a courtesy letter to the property owner whenever a Quit Claim Deed is recorded.

Is paid home title lock insurance worth it in Florida?

That is a decision for the buyer of any such product, and the terms of the specific product control. What is factual is that Miami-Dade's clerk already provides recording notification free, that notification is not the same as insurance or legal representation, and that a forged deed in the chain of title is among the matters an owner's title insurance policy addresses. Anyone considering a paid subscription should read what it actually promises against those three points.

What does the Miami-Dade Clerk say to do if you suspect deed fraud?

The Clerk directs owners who suspect someone has obtained a fraudulent deed to their property to call the Miami-Dade Sheriff's Office Organized Crimes Bureau, Economic and Specialized Investigation Section, and to obtain the services of an attorney as soon as possible. The Clerk also suggests periodically checking the Miami-Dade County Property Search to verify the Property Appraiser's owner of record.

Sources

Every factual claim above is drawn from the sources below. Statutory figures and deadlines were read from the official source rather than from secondary coverage. Sources last checked October 6, 2026.

1. Fla. Stat. s. 817.535 — Unlawful filing of false documents or records against real or personal property The Florida Senate, official statutes Retrieved October 6, 2026
2. Fla. Stat. s. 726.105 — Transfers fraudulent as to present and future creditors, part of the Florida Uniform Fraudulent Transfer Act The Florida Senate, official statutes Retrieved October 6, 2026
3. Deed Fraud — the Clerk's own guidance on reporting and on Quit Claim Deed courtesy letters Miami-Dade Clerk of the Court and Comptroller Retrieved October 6, 2026
4. Property Fraud Alert — free recording notification by folio number Miami-Dade Clerk of the Court and Comptroller Retrieved October 6, 2026