What id Deed Fraud?
As an estate planning attorney, I regularly work with property records: confirming ownership, transferring property into trusts, and distributing property out of trusts to beneficiaries. Because I deal with property documents so frequently, I understand how important it is that county property records remain accurate and secure. Unfortunately, a growing threat to this security is deed fraud.
Deed fraud, or real estate fraud, happens when someone fraudulently records a document that transfers ownership of property without the true owner’s knowledge or consent. This kind of fraud disproportionately impacts seniors, people with disabilities, and owners of vacant or highly appreciated properties. According to the FBI, over 11,000 cases of real estate fraud were reported in 2021, with losses exceeding $350 million.
Two counties in Northern California—Placer County and Yolo County—have taken different approaches to this issue. Let’s compare how each is working to protect residents from deed fraud.
Placer County: Proactive Protection with Courtesy Notifications
In 2022, Placer County launched a Real Property Fraud Prevention and Courtesy Notification Program. Under this program, property owners automatically receive a written notification any time a document is recorded that could affect ownership of their property—such as a grant deed, quitclaim deed, or similar transfer document.
This alert doesn’t prevent the document from being recorded, but it gives property owners the chance to take quick action if the recording is unauthorized or suspicious. It’s a low-cost, high-impact way to improve transparency and security, particularly for elderly and vulnerable property owners who might not be actively monitoring their property records.
One key feature of Placer County’s program is that no opt-in is required. Every property owner is automatically enrolled, ensuring that even those less familiar with technology or government services receive protection.
Yolo County: Existing Tools and Steps Toward More Protection
In response to growing concerns, I reached out to the Yolo County Clerk-Recorder’s Office about their approach to deed fraud. I was encouraged by their responsiveness and commitment to protecting residents.
Currently, Yolo County provides a self-service online portal that allows the public to search recorded documents associated with their name. While the full recorded documents can’t be viewed online, if a search result looks suspicious, residents can visit the Clerk-Recorder’s office in person to investigate further.
Here is the link to the self-service online portal.
Additionally, Yolo County imposes a District Attorney fraud fee on recorded documents, which helps fund the DA’s office to investigate and prosecute real estate fraud. The Clerk-Recorder’s Office also forwards any suspicious activity to the District Attorney for follow-up.
Importantly, Yolo County is actively exploring the launch of a fraud alert notification program similar to Placer County’s. They are reviewing vendors and models, and are particularly interested in systems that don’t require residents to opt in, recognizing that many at-risk residents may not take the extra step on their own.
Why This Matters in Estate Planning
As an estate planning attorney, I see firsthand how deed fraud can impact families. Whether I’m transferring a client’s home into a revocable living trust or helping a family distribute property to beneficiaries after a loved one’s death, accurate property records are essential.
Deed fraud can complicate or delay trust administration, damage title history, and even prevent a rightful owner from selling or refinancing their property. In some cases, cleaning up fraudulent transfers can take months or years, cost thousands of dollars, and cause significant stress.
That’s why it’s so important for counties to adopt fraud prevention tools, and for property owners to stay vigilant.
What You Can Do
While counties work to improve protections, there are steps you can take to protect your property:
- Regularly check your property records using the county’s online portal.
- Set up alerts if your county offers a notification service.
- Work with a trusted estate planning attorney to make sure your property is properly titled and protected.
- Report any suspicious activity immediately to the County Clerk-Recorder and District Attorney.
Conclusion
Yolo County is taking important steps to catch up with programs like Placer County’s, which provide proactive protection against real property fraud. As an estate planning attorney, I applaud these efforts and encourage both counties—and others across the state—to continue developing tools that safeguard property owners, especially the most vulnerable.
If you have questions about how to protect your property through estate planning, trust transfers, or deed record review, feel free to contact my office. We’re here to help you protect your legacy and your home.
