Quick Summary
- Florida has a fast-track quiet title remedy for fraud: Section 65.091, Florida Statutes, lets an owner who held title before a fraudulent attempted conveyance sue to quiet title under summary procedure, and the court must advance the case on its calendar and restore the owner’s title if fraud is found.
- A second statute adds damages and fees: Section 817.535 lets anyone harmed by a recorded instrument containing materially false statements ask a court to declare it void, and where intent to defraud is found, the court must award actual and punitive damages and may impose a $2,500 civil penalty per instrument, with fees to the prevailing party.
- Speed matters more than anything: A forged deed generally passes no title, but the longer it sits in the public record, the more likely a scammer can sell or mortgage the property to someone else, so owners should act promptly through law enforcement, a lis pendens and an attorney.
When a fraudulent deed is recorded against a Florida property, the owner’s main remedy is a quiet title action, and Florida now provides an expedited version specifically for fraudulent conveyances. Together with a lis pendens, a police report and, where appropriate, a claim under Florida’s false-filing statute, it allows a court to declare the deed void and restore the record. Attorney Sam Saad advises agents who learn that a client’s lot or home has been targeted to encourage the owner to move quickly, because the real danger is not the forged deed itself but what a scammer may try to do with it next.
Why Fraudulent Deeds Are Rising in Southwest Florida
Deed and seller impersonation fraud has grown sharply. In a 2026 survey by the American Land Title Association reported by Florida Realtors, 59% of title professionals said their firms saw at least one seller impersonation attempt in the prior year, up from 28% in 2024. Vacant land was the most commonly identified target, followed by vacation homes and rental properties, with absentee-owned and mortgage-free properties also singled out.
That profile fits much of Southwest Florida, from vacant lots in Golden Gate Estates, Lehigh Acres and Cape Coral to seasonal homes in Naples, Bonita Springs and on Marco Island whose owners spend months out of state.
Is a Forged Deed Valid in Florida?
The answer turns on the type of fraud. Florida law distinguishes between a deed that is void and one that is merely voidable. In McCoy v. Love, 382 So. 2d 647 (Fla. 1979), the Florida Supreme Court explained that recording a void or forged deed does not create legal title and affords no protection to those claiming under it. A deed the true owner never signed generally falls into that category.
A deed the owner actually signed and delivered because of a lie, such as a misrepresentation about what the document said, is different. The court in McCoy held that fraud in the inducement makes an otherwise effective deed voidable, not void, which means a later good-faith purchaser for value may have rights that complicate the owner’s recovery. Which category applies shapes the whole strategy.
How Quiet Title Works for a Fraudulent Conveyance Under Section 65.091
Florida’s general quiet title statutes appear in Chapter 65. In 2023, the Legislature added section 65.091, aimed specifically at fraudulent attempted conveyances. An owner who held legal title before the fraudulent deed may bring a quiet title action alleging the fraud, and the statute entitles that owner to the summary procedure of section 51.011, which shortens deadlines such as the time for filing an answer. The court is also required to advance the case on its calendar.
If the court finds that someone attempted to fraudulently convey the land away from the owner, section 65.091 directs the court to quiet title in the owner and award the same title and rights the owner held before the attempted conveyance. The remedy is cumulative of other claims. Clerks must provide a simplified complaint form, but cases involving a resale, a new mortgage or a disputed signature are rarely simple, and the expedited timeline leaves little room to fix a deficient filing.
Using Section 817.535 to Void the Instrument and Recover Damages
Section 817.535 makes it a felony to file an instrument containing a materially false statement with intent to defraud or harass. It also gives a civil remedy to any person adversely affected by such an instrument, whether or not criminal charges are ever brought. To use the civil remedy, the owner files a notice of lis pendens under section 48.23 that specifically identifies the challenged instrument and the property.
If the court finds the instrument does not establish a legitimate interest, it may declare all or part of it null and void from the beginning, order it sealed and removed from electronic databases, and bar the filer from recording further instruments without a judge’s approval. Where the court finds intent to defraud or harass, it must award actual and punitive damages, subject to the requirements of section 768.72, and may impose a civil penalty of $2,500 for each instrument. The prevailing party is entitled to costs and reasonable attorney’s fees. The statute also preserves the rights of third parties who acted in good faith and gave value, which is another reason the void-versus-voidable question matters.
A single lawsuit can combine both claims, though damages are often hard to collect from perpetrators who use stolen identities or operate abroad.
What an Owner Should Do Immediately After Discovering a Fraudulent Deed
The first step is to obtain a copy of the recorded deed from the clerk’s official records and preserve it, along with whatever notice, listing or contact revealed the fraud. The owner should report it to the Collier County or Lee County Sheriff’s Office and to the FBI’s Internet Crime Complaint Center, since title insurers and lenders often ask for a police report.
The owner should also check whether the property is listed for sale or has been mortgaged since the fraudulent recording, and contact any listing agent or title company involved to stop a pending closing. Owners who purchased an owner’s title insurance policy should notify the underwriter, because forgery in the chain of title is a commonly covered risk and the insurer may provide or fund the defense of title, depending on the policy terms and when the forgery occurred.
Finally, the owner should consult a real estate litigation attorney promptly. A recorded lis pendens gives public notice that title is in dispute and makes it far harder for anyone to treat the forged deed as clean. Attorney Sam Saad helps owners determine which remedies fit the facts and which parties must be named.
How Owners Can Watch for Future Fraud
Since July 1, 2024, section 28.47 has required every Florida clerk of court to offer a free recording notification service that emails registrants within 24 hours when a deed, mortgage or similar land record is recorded under a monitored name or parcel number. The Collier County Clerk offers this as its Risk Alert Notification service, and the Lee County Clerk offers a property fraud alert at leeclerk.org/propertyfraud. The alerts do not stop a fraudulent recording, but they shorten the owner’s response time, and agents can add real value by recommending them to clients who own vacant land or seasonal property.
Frequently Asked Questions
Can a fraudulent deed be removed from the public record in Florida?
Generally, a recorded deed is not erased by the clerk on request. A court can declare it void and quiet title, and under section 817.535 a court may also order the instrument sealed and removed from electronic databases. The court’s order is then recorded so the public record reflects that the deed has no effect.
Does a forged deed transfer ownership if someone buys the property from the scammer?
Under Florida law, recording a forged or void deed does not create legal title and affords no protection to those claiming under it, as the Florida Supreme Court explained in McCoy v. Love. A deed obtained through fraud in the inducement is treated differently and may be only voidable, so a good-faith buyer’s rights depend on the facts.
How long does a quiet title action take in Florida?
There is no set timeline. Section 65.091 gives fraud victims summary procedure and requires the court to advance the case, but the length of any case depends on service on the defendants, whether anyone contests the claim, whether the property was resold or mortgaged, and the court’s schedule.
What is the Collier County or Lee County property fraud alert?
Both clerks offer a free service, required statewide by section 28.47, that emails a registered owner within 24 hours when a land record is recorded under a monitored name or parcel number. Owners can register through each clerk’s website.