Even if you don’t lose your property, title fraud can have real consequences
4 min
When a company tried in May to auction off Graceland, the iconic former home of music legend Elvis Presley in Memphis, a Tennessee court stepped in to stop it.
The court stopped the sale because the company that was trying to auction off the property was fake. Also fraudulent were the supporting documents the fraudsters presented that purported to show that Lisa Marie Presley, Elvis’s late daughter, had defaulted on a loan they claimed they made to her for which she used Graceland as collateral.
While this audacious and complex attempt at defrauding a famous family made national news, most other cases of attempted title theft or mortgage fraud don’t. But homes such as Graceland, where the original owners are deceased, are popular targets for scammers, according to Victor Petrescu, a real-estate attorney with Levine Kellogg Lehman Schneider & Grossman in Miami.
Homes with out-of-state owners, vacant plots of land and investment properties owned by limited liability companies are also particularly vulnerable, he said.
Here’s how it works: A fraudster targets your house and assumes your identity, using tactics similar to identity thieves to acquire your personal information and create fake IDs. He or she then tries to sell it to an unsuspecting buyer by executing a forged deed in your name. An alternative scam is to submit a mortgage application in your name to get cash out of the house.
The good news is that except in very rare circumstances, a fake deed won’t transfer your title, even if it initially gives the appearance of a transfer in public records, nor will a forged mortgage create any obligation for an innocent homeowner to pay. The bad news is that restoring your title and clearing the property of any fraudulent mortgages can be a lengthy and expensive process.
Sarah Frano, a vice president and real-estate fraud expert at First American Title Insurance Co., said there has been a sharp rise in seller impersonation fraud over the past few years, where a fraudster impersonates an owner by forging a deed conveying property to an unsuspecting buyer.
Several factors are driving the increase, including the rising popularity of remote closings and notarisations, where the parties aren’t present in person at the closing table. Home equity, which hit a record $16.9 trillion in the first quarter of 2024, according to data provider Intercontinental Exchange , is also contributing to the incidence of fraud. For scammers, that equity, which can be unlocked by a sale of a home, a cash-out refinance or a second mortgage, is an opportunity to sell the property out from under you or to steal your identity to mortgage your house.
“If you bought a house and have a big mortgage, the chances of it being stolen from you are quite slim,” said Richard Howe, register of deeds of the Northern District of Middlesex County in Lowell, Mass. “The key for this is for the wrongdoers to get a loan against the property or sell it, and nobody’s going to buy a property or put a loan against it if there is a big mortgage on it.”
Petrescu said he’s also seeing a rising number of title theft cases involving investment properties owned by limited liability companies, where a partner who was recently kicked out of the LLC continues to act and executes documents trying to transfer the property when he’s no longer part of the company or authorised to sell it.
Still, the actual risk of losing your home to title theft is quite low. “There would have to be an extreme set of facts showing the owner was aware of the issue and took no action to correct it before that deed could be deemed as valid,” said Petrescu.
But there are ramifications nonetheless. If a homeowner discovers a fraudulent deed or mortgage while applying for a home-equity loan, for example, that could push the loan application back six months or more while title gets cleared, Petrescu said. And, if they are attempting to sell the property, a title company may not want to insure the property if there is a rogue deed recorded in the county records even if it is apparent that it wasn’t a valid transfer. “So, this has real consequences,” he said. “Even if someone is not going to lose title to their property, it could be a huge setback for them.”
Here are some things you can do to avoid becoming the victim of home-title theft.
Be alert to the early signs . After targeting a vulnerable property, a home-title thief will usually try to impersonate you using forged documents, such as a Social Security card or driver’s license. There are telltale signs that someone may be trying to steal your identity. Credit inquiries will show up on a credit report, so be sure to check your credit reports regularly or consider subscribing to one of the paid services that monitors credit on your behalf. You can also freeze your credit, which restricts access to your credit report. If you receive strange bills in the mail or phone calls from lenders you haven’t contacted, or if strangers start asking questions about who owns your vacant vacation home, those can also be signs that home-title theft may be under way.
Monitor your title . Many counties offer free title monitoring services that notify owners if a new document is recorded against their property. In the Northern District of Middlesex County in Lowell, Mass., owners can register up to three residential properties, according to Howe, who noted that in his 29-year career he has only seen one case of title fraud, in January 2024, and that involved a property that was vacant because the owners were deceased. Frano suggests setting up a free Google alert for your property address. That way, if a fraudster lists your property for sale, an alert may help you stop it before it happens.
Buy the right type of title insurance . While lenders require title policies to insure their own interests when a property is mortgaged, it is a good idea to also purchase an owner’s policy when you purchase a house. There are two different types of owners’ policies, and, unfortunately, they are similarly named, which can get confusing. A standard American Land Title Association (ALTA) Owner’s Policy provides coverage only for forgeries that took place before you purchased your home, such as fake deeds in the chain of title before your closing. But this type of policy won’t protect you against forgery occurring after your property purchase. For that, you may want to consider the more comprehensive Homeowner’s Policy of Title Insurance, which does cover forgeries occurring after your closing, according to Steve Gottheim, ALTA general counsel. That enhanced coverage, available in most states, comes at an additional cost, though, which varies based on the location and purchase price of your home. Either policy will cover you for losses you incur due to fraud or forgery, including attorney fees and expenses incurred to clear title, up to the policy limit, but only the Homeowner’s Policy will cover fraud after you purchase the home.
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Three completed developments bring a quieter, more thoughtful style of luxury living to Mosman, Neutral Bay and Crows Nest.
From the shacks of yesterday to the sculptural sanctuaries of today, Australia’s coastal architecture has matured into a global benchmark for design.
Three completed developments bring a quieter, more thoughtful style of luxury living to Mosman, Neutral Bay and Crows Nest.
5 min
Luxury means different things to different people. On the Lower North Shore, it often means the everyday things are well considered and exceptionally executed.
House-like proportions. An abundance of natural light. Security and privacy. Materials crafted with care.
Homes built for the way people truly live, shaped by industry expert and Lower North Shore local resident at the helm, Justin Brown, whose attention to detail is constant and uncompromising.
This is the space Abadeen has occupied for more than 25 years.
The developer has delivered premium residential, commercial and mixed-use projects across Australia, but the Lower North Shore has become the clearest expression of its philosophy.
A recent example is Cremorne Point Estate, completed in 2020.
Its craftsmanship is so enduring that the penthouse is now reselling for almost twice its original price in only four years. Smaller buildings. Real liveability. Design that retains its elegance over time.
Abadeen’s current portfolio also includes The Villas, Mosman Residences, Park Residences, Northcote Collective and the newly announced Burran Residences in Balmoral. But three completed buildings now take centre stage: The Hampden in Mosman, ENSO in Neutral Bay and KOYO in Crows Nest.
All are complete, move-in ready, and only a limited number of residences remain. At The Hampden, only one whole-floor residence remains available.
Meticulously crafted by acclaimed Mathieson Architects and delivered by Abadeen, The Hampden offers a rare level of refinement within an exclusive collection of only three residences.
The final available home is a brand-new, whole-floor residence capturing sweeping Middle Harbour views over Chinamans and Clontarf Beaches from a prized northerly aspect. It delivers a house-like ambience with floor-to-ceiling glass that draws in natural light, paired with exquisite finishes in natural stone and warm timber.
Expansive open plan living and dining areas are anchored by a premium fireplace and flow out to a generous north-facing entertainers’ terrace overlooking boat-studded waters. The high-spec kitchen includes a full butler’s pantry, WOLF appliances, an integrated Sub-Zero fridge and freezer, a wine fridge and a Taj Mahal Quartzite island.
With only nine residences, ENSO is a boutique collection where Koichi Takada’s architecture focuses on calm, contemporary living.
Natural stone, timber and soft curves create a sense of warmth, while generous glazing and landscaped outlooks bring light and greenery into the heart of each home. Rooms are designed for real daily use, with integrated joinery, considered storage and floor plans that prioritise ease and comfort. The result is a series of homes that feel composed, tactile and effortless to live in every day.
Designed by Koichi Takada, KOYO is a boutique collection of 27 residences shaped by natural textures, soft curves and a refined sense of luxury.
Its low-rise form sits within a leafy cul-de-sac, offering privacy only moments from Crows Nest village and the new Victoria Cross Metro station.
Inside, every space is crafted for daily ease. Timber, stone and sculptural details create a warm, tactile palette, while full-height glazing draws light into the heart of each home.
Integrated joinery, intuitive circulation and thoughtful storage keep rooms open, calm and effortless to live in.
KOYO reflects Abadeen’s approach to modern living: refined, confident and beautifully functional. KOYO is modern, confident and created for daily life without unnecessary embellishment.
Abadeen’s philosophy is shaped by Executive Chairman & Founder Justin Brown, whose three decades in the industry have defined a distinct approach to residential development on the Lower North Shore and beyond.
Justin believes luxury should feel effortless. A home should work beautifully every day, with planning that makes sense, materials that age gracefully and detailing that supports calm, comfortable living long after the first inspection.
This philosophy is embedded early in the design process. Acoustic comfort, natural shading, solar orientation and circulation are resolved from the outset.
Landscapes are designed to welcome residents rather than simply frame buildings. Interiors prioritise clarity and ease, with joinery, storage and spatial proportions refined to deliver homes that feel composed, tactile and intuitive to live in.
Justin’s values-led approach unifies Abadeen’s Lower North Shore projects. Each reflects the same commitment to certainty, longevity and quiet architectural excellence. These are homes built to be lived in, not performed, shaped around the daily rituals, warmth and comfort that define enduring residential design.
This part of Sydney reflects Abadeen’s values. Established neighbourhoods. Walkable villages. Tree-lined streets. Natural light and natural rhythm. It is a quieter style of luxury that holds its value and relevance over time.
Abadeen is a leading Australian property developer with premium residential and mixed-use projects across NSW, VIC, QLD and WA. Limited residences remain at The Hampden in Mosman, ENSO in Neutral Bay and KOYO in Crows Nest. Private appointments and viewings are now available. Call Jay Carter on 0417 248 117.
