Deed Fraud: What You Should Know

What is deed fraud?

Deed fraud occurs when someone records a forged or false document that claims an interest in real property. This may involve forged signatures, false notarizations, or documents submitted by someone without legal authority.

Can someone steal my home just by filing a deed?

No. Recording a document does not automatically transfer legal ownership of property. Property ownership is determined by law and, when disputed, by the courts. A fraudulent deed does not override the rights of a lawful property owner. 

What is the role of the County Recorder?

The County Recorder’s Office records documents as required by state law. Recording is a ministerial function, meaning the Recorder cannot investigate fraud, verify signatures, or determine the legal validity of documents or ownership claims.

What should I do if I believe fraud has occurred?

• Contact local law enforcement to report suspected fraud.
• Consult a real estate attorney – statute of limitations, rights, and remedies are all state specific.
• Notify your title insurance company, if applicable.

Are there tools to help me stay informed?                                                                                                                

Yes. We offer a free notification program that alerts owners when documents are recorded.  Property Fraud Alert (PFA) sends a notification via phone call, text or email when a new document is recorded that contains the name given at enrollment.  You can enroll in PFA at https://www.propertyfraudalert.com/ILStClair .  Private companies also offer property notification services for a fee. Programs like this provide awareness but do not prevent fraud or determine ownership.

Can I prevent someone from recording a fraudulent document? No. It is not possible to prevent someone from recording a fraudulent document. It is not possible in the state of Illinois to “lock” a title.   Recording offices are required by law to record documents that meet statutory requirements on their face. 

What about title insurance?

Title insurance is a private insurance product that may provide coverage or legal defense for certain title issues, including fraud, depending on the policy coverage. County Recorder offices cannot sell or endorse private insurance products.

I received an offer to have my deed mailed to me for a fee.  What do I do?

That letter may look official, but it is not from a government agency.  You do not need to pay anyone to get a copy of your deed for you.  You can contact us at any time, and we will provide you with a copy of your deed free of charge.  If you would like, we can even email a copy to you!

The St Clair County Recorder of Deeds office is committed to maintaining accurate public records while operating within the law. If you have concerns, please ask our staff about available public resources.  Additionally, we are one of the few government offices that are completely open to the public. The documents recorded in our office date back to the late 1790’s.  With the exception of military discharge documents, they are all available for public inspection.  While we cannot perform a search for you, our staff is more than happy to show you where the property indexes are and how to make copies of documents you may need. We are also glad to show you how the recording process works and how new documents become part of the public record.