Land Record Fraud

This type of fraud has become much more widespread in Connecticut and nationwide. Attorneys, real estate professionals and title companies are all focused on this problem, but it is challenging to combat for several reasons.

By law, Town Clerks must accept deeds and mortgages for recording if a few basic requirements are met related to signatures and the property description. Town clerks have almost no ability to prevent title fraud if the document meets these requirements. They are not attorneys, title searchers, investigators or handwriting experts and generally have no authority to question the validity of a deed or mortgage that meets the basic legal requirements. Even when a property owner notifies the Town Clerk that they suspect someone is trying to fraudulently convey their property, the Town Clerk does not have the legal ability to refuse or even delay recording the mortgage or deed. In addition, documents to be recorded in the land records may be delivered by anyone or by mail. There is no requirement that an attorney or authorized person submit documents for recording.

Many instances of title fraud are caught by attorneys and title companies. They can ask for proof of identity and home ownership. Town Clerks cannot.

As a result, most Connecticut towns have established free fraud alert programs. These are the most effective tool that towns can offer. However, free fraud alerts will only provide information regarding documents that have been recorded. Property owners have a few options to receive notifications in advance of the fraud being committed, allowing the property owner to contact their attorney and law enforcement.

Google Alerts can be established with the property owner’s name, address and any other unique aspects of the property that might be listed in a real estate ad.

Several realtor websites allow for notification if a property is listed for sale. Many sites such as Zillow, Redfin, Realtor.com have easy to use alerts for property addresses.

While there are tools under Connecticut law to challenge fraudulent conveyances that have already happened, it is worthwhile to take these steps that may help prevent such fraud from occurring.

Please feel free to stop by the Town Clerk’s office if they can assist with fraud alert registration. They can also show you how to check the Lebanon Land records online or at Town Hall.