What to do if a deed was recorded on your property without your knowledge

Finding a recorded deed you never signed is alarming. The good news is that a forged deed does not, by itself, make someone else the lawful owner of your property. The less good news is that cleaning up the public record takes action on your part, and it goes faster the sooner you start.

This article is general information for California property owners, not legal advice. For your specific situation, talk to a real estate attorney.

1. Confirm what was recorded

Use the document number on the Recorder's notice or alert to get a copy of the document from the County Recorder's office. Many counties let you search the index online and order copies by mail or at the counter. Look at:

• The document type (grant deed, quitclaim deed, deed of trust).
• Who signed as grantor (the person giving up an interest) and who is named as grantee.
• The notary's name, commission number and the date of the notarization.
• Who requested the recording and where the recorded document is to be mailed. This appears near the top of page one.

Before assuming fraud, rule out family members, co-owners, a trustee or a lender. A trust transfer or a refinance can record documents an owner doesn't remember by name.

2. Write everything down

Keep the notice, the copy of the document, and a log of every call: date, who you spoke with, and what they said. Save any letters or emails that look related, including unexpected mail from lenders or title companies.

3. Report it

• Local law enforcement. File a report with the police department or sheriff where the property is located, and keep the report number.
• The District Attorney. Many California district attorneys have a real estate fraud unit. Your county DA's website will say how to file a complaint.
• The County Recorder. Let the office know. The Recorder generally cannot remove a document from the record on its own, but staff can explain local procedures and may flag the parcel for watching.
• The notary. If the notarization looks false, the California Secretary of State handles complaints about notaries public.

4. Get legal help to clear the title

Undoing a fraudulent transfer usually involves recording corrective documents or going to court, for example a quiet title action. A real estate attorney can tell you which applies. If you have an owner's title insurance policy, contact the title insurer as well; some policies cover forgery after the policy date, and some owners carry separate coverage.

5. Watch for the next step

Fraudsters who record a deed often follow it with a loan secured by the property, or try to sell it. Things to watch:

• Sign up for property and name alerts from your County Recorder, if offered, so you hear about any new document quickly.
• Check your property tax bill address with the County Tax Collector or Assessor. A changed mailing address is a warning sign.
• Pull your credit reports and look for accounts or inquiries you don't recognize.
• Tell your mortgage servicer so it can note the account.

Who is most at risk

Property with no mortgage, vacant land, rental property, and homes of owners who are elderly, out of state or recently deceased are targeted most often. If that describes your property or a relative's, an email alert is worth the two minutes it takes to sign up.

Why the county notice helps

Under Government Code §27297.7, the Recorder mails a notice within 30 days of recording to the address where tax bills went before the document was recorded. That timing and that address are what make it hard for a fraudster to hide the deed from the real owner. Read more in Got a letter from the County Recorder? What a recording notice means.