Fighting Back Against Tennessee Real Estate Fraud

For many Americans, their home is their biggest investment — a source of financial stability as they age. But a type of real estate fraud can threaten that security.

Known as deed fraud or title fraud, it works like this: Scammers forge documents that make it look like they legally own a property and file them with a local register of deeds office — without the real homeowner’s knowledge. They then sell the home or take out loans against it, forcing the homeowner into an expensive, time-consuming fight to get it back.

“There has always been property fraud, but now in the electronic age, it’s easier to commit,” says Cyndi Pickel, president of the Tennessee Registers Association and the register of deeds in Sevier County, home to Pigeon Forge and Dollywood.

Nationally, the FBI has issued warnings about deed fraud in recent years. And real estate and title officials in Tennessee are working to protect homeowners from such scams.

Several counties in the state, including Sevier, have implemented systems that notify property owners whenever a document is recorded against their property. The alerts are free, but property owners have to sign up.

“It won’t prevent fraud, but you’re instantly notified as soon as it happens,” Pickel explains.

AARP Tennessee is also working with the state attorney general’s office, the real estate and title industries and state lawmakers on ways to protect homeowners.

Your home may be “the most expensive thing you will ever purchase in your life,” says AARP Tennessee State Director Mia McNeil. “It’s so important for us to make sure we provide people with the tools to help safeguard that.”

Older adults are especially vulnerable to deed fraud because they often own their homes outright, without a mortgage lender monitoring the title, notes Françoise Cleveland, government affairs director in AARP’s national office. Criminals also target second homes, rental homes and homes of those who recently moved into long-term care facilities.

AARP-backed initiatives targeting deed fraud have recently been enacted in other states, Cleveland says. For example, a Florida law that went into effect last year explicitly requires counties to have notification systems for deed fraud. And in New York, a 2024 law established deed theft as a crime and grants the state attorney general’s office the authority to prosecute offenders.

One of the most recent and shocking cases of title fraud in Tennessee happened in May 2024 when Graceland, Elvis Presley’s iconic Memphis mansion, was nearly auctioned off. A phony lending firm used forged documents to assert that Presley’s late daughter had put the home up as collateral for a loan she never repaid, but fortunately, a Shelby County judge stepped in to block the sale. In February, a Missouri woman pled guilty to one count of mail fraud in relation to the scheme.

Fraud goes high-tech

Title companies in Tennessee and elsewhere have added additional checks in recent years to catch fraudulent deeds, but “the schemes and technology continue to improve,” says Josh Terry, a partner at The Title Group in Brentwood.

Terry recently saw a demonstration where artificial intelligence was used to create a “person” who could communicate in real-time during a virtual property closing. “It’s only going to get better,” he says.

Pickel in Sevier County says that increased use of digital documents has created opportunities for scammers, who use AI to forge legal documents and notary seals. Some criminals have even shown up to property closings in person, presenting fake driver’s licenses with their own photo, she says.

AARP Tennessee will hold fraud prevention sessions in different parts of the state this year to raise awareness about the latest scams. It will also host free document shredding events where Tennesseans can safely dispose of old documents with personal information, such as bank statements, to help protect themselves against identity theft. For more information or to register for upcoming events, go to aarp.org/tn.

Michelle Crouch is a North Carolina-based journalist who covers health care and consumer issues. She has written for the Bulletin for 10 years.

You may have seen advertisements for home “title lock” insurance, but the Federal Trade Commission says those ads are misleading and the products don’t actually prevent title theft. Here are some steps you can take to protect your property:

• Check county records to ensure there are no deeds or mortgages you don’t know about on your property, especially if you’ve missed an expected tax bill or assessment.
• If your county offers a notification system, sign up to be alerted to any legal changes related to your property.
• If you own vacant land or unoccupied properties, check on them often, and don’t let mail pile up.
• Disregard any letters asking for money for a copy of your deed. Counties provide the document for free.

SOURCE: AARP; American Bar Association

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