Stopping Deed Fraud To Protect Homes and Land From Thieves is an AARP Texas Legislative Goal

A troubling type of real estate scam is becoming more common—and it can have devastating effects on unsuspecting homeowners.

This scheme, known as deed fraud or home title theft, involves criminals forging documents to falsely transfer ownership of a property. Once the fake deed is recorded, scammers may sell the home, take out loans against it, or even rent it out to make money.

Though deed fraud is still a relatively uncommon scam, the FBI’s Internet Crime Complaint Center (IC3) found that almost 1,500 Americans ages 60 and older lost $65 million in real estate scams in 2023. The FBI also reported an overall 14-percent increase in complaints filed by older victims with the IC3 since 2022. Deed fraud is within this category of fraud.

Older adults are frequently targeted for deed fraud as they are more likely than younger adults to have more than one home, and they are more likely to have their home or homes paid off. With the rise of electronic transactions, it is easier than ever for fraudsters to commit these crimes.

While deed fraud and title theft can be prosecuted in Texas under existing laws, these statutes are not designed to prosecute these types of complex crimes.

Deed fraud often involves quitclaim deeds, which are simple legal documents that transfer ownership without any guarantees about the property. Their common legitimate use is to pass ownership between family members. But any type of home deed, including more traditional warranty deeds, can be forged by increasingly sophisticated criminals, according to real estate fraud experts.

This year, AARP Texas joined other advocates, including Texas REALTORS, in backing legislation sponsored by State Sen. Royce West, D-Dallas, that aims to deter the fraud and impose criminal sanctions against the wrongdoers.

The fraud-fighting bills successfully won approval from the House and Senate during the regular 2025 lawmaking session but one was vetoed on technical grounds. Gov. Greg Abbott then added the topic to the call of a special legislative session that got underway July 21.

Among the bills being heard during the session is Senate Bill 15 by Senator West. SB 15 addresses the documentation that would be required when making real estate transactions with county officials and it imposes new criminal penalties for committing deed fraud.

Kathy Green, AARP Texas’ state-federal strategy director, has testified at the Capitol on the issue this year and is working closely with Senator West’s office and others in passing the reforms.

Green said it’s essential for homeowners to be aware of the potential for deed fraud. She noted that because bad actors seeking to commit deed fraud and title theft are so sophisticated, the conveyance documents that can be produced to commit these acts are often quite well-prepared and can fool even the most well-trained clerks in a county clerk's office.

Green said it’s also valuable for Texans to know that the deed fraud topic is on the agenda for the special session. But as reported here by The Texas Tribune, while the bill has been approved by the Texas Senate, most deliberations in the special session are on pause because of significant disagreements related to another topic of the session — congressional redistricting. As a result, the fate of many of the special session issues, including deed fraud legislation, is unclear.

Lawmakers were expected to address several high-profile topics during the special session, including emergency response to natural disasters and the recent deadly flooding in Central Texas, regulation of THC, the psychoactive compound found in the cannabis plants of hemp and marijuana, congressional redistricting, and about two dozen other bills.

AARP has reported on deed fraud cases popping up across the country and has provided a few tips for homeowners to when it concerns protecting their home and land.

Property Deeds: 4 Things to Know

1. What it is: A property deed is a document that transfers ownership from one person to another. Typically, your home deed is held by a local government land records office.

2. Whose name is on it? If you own the home outright, it will be yours (and perhaps your spouse’s). If you have a mortgage, it varies by state: In some, your name is still on the deed, but the bank has a lien on the property. In other states, the bank holds the deed until the loan is paid off.

3. How to protect it: It takes your signature to finalize the transfer of a property. Never sign a real estate document under pressure. Take documents to a reputable lawyer to be clear what you are signing.

4. What else to watch for: Never disregard mail, especially tax and other home-related documents, sent to another name at your address. That could suggest someone has illegally transferred your deed to their name.


Mark Hollis can be reached at mhollis@aarp.org or 512.480.2429. Kathy Green can be reached at kgreen@aarp.org or 512.657.7407.