Protecting Your Home From Deed Theft: Free Steps Every Georgia Homeowner Can Take

A Free Way to Watch Your Property Records

Your home is probably the biggest asset you own, and keeping an eye on your property records is easier than most people realize. Georgia offers a free tool for it, and a few other habits add extra protection.

Deed Theft Explained

Deed theft happens when someone records a forged or fraudulent document with the county, making it look as though the property has changed hands or been borrowed against. Recording a document with the county's Clerk of Superior Court is a straightforward process, and most owners have no reason to look at their property records, so a false filing can go unnoticed for a long time. Homeowners with a mortgage and homeowners without one can both be affected, and in either case, the owner really needs to keep an eye on the record.

The Free FANS Alert System

The Georgia Superior Court Clerks' Cooperative Authority runs the Filing Activity Notification System, called FANS. It costs nothing. You sign up at fans.gsccca.org with your name and county, then create a notification request for each action you want to watch. There are three types:

• Name: alerts you when a filing matches a name you enter.
• Address: alerts you when a filing matches your property address.
• Document: follows one specific recorded document. It needs details such as a book and page number or a file number, so most homeowners will start with the name and address notifications.

For each request, you choose one county or all Georgia counties, which is helpful if you own property in more than one place. You also choose which record types to monitor: real estate, liens (legal claims against a property, often for an unpaid debt), plats (maps showing a property's boundaries), transfer tax declarations (the form filed with a property transfer), and Uniform Commercial Code filings (records of claims on certain business properties). Selecting all of them is the simplest approach. You can create several requests, so you can cover every owner on the deed and every property you hold. You can choose to receive alerts by email or text.

A few details help you get the most from it:

• The alert tells you a filing was made. You then look up the document itself in the county records.
• It only covers filings made after you create the request.
• Each request expires after one year, so put a yearly reminder on your calendar to log back in and renew.
• It relies on the information the clerk's office enters, and the system itself notes that alerts are not guaranteed to be complete or current. It works best as an extra set of eyes alongside your own checks.

FANS does not stop a filing from being made. What it gives you is an early warning, which lets you investigate something unfamiliar while it is still new.

When No One Lives at the Property

Property records deserve extra attention for any property where no one is living day to day. That includes vacant land, a second home, a rental, a house you have moved out of and not yet sold, and a house you have inherited and are still sorting out. With no one on site, there is no one to notice anything unusual. For that reason, title professionals report that vacant land is the most frequent target of a scheme called seller impersonation. In this scheme, someone presents a fake ID, claims to own the property, and tries to sell it. Because the owner is not watching the property closely, it can take months or even years for the real owner to find out.

Title industry surveys show these attempts have become more common, and the industry has responded with stronger identity checks. While preparing this post, I spoke with Richard Miller, J.D., a local closing attorney, whose firm, Miller & Associates, uses an enhanced identity verification program when someone is selling a property. The seller's ID is run through a verification system, and the seller is asked to share a photo of their face, so the firm can confirm the person is who the ID says.

Identity checks like these happen before a sale closes, and in a fraud situation the real owner may never know they are taking place. Someone attempting a false sale also decides which attorney or title company to contact, and will likely look for a firm that does not run careful verification, so an owner cannot count on these checks alone. The steps within your own control do the most to protect your investment: setting up your alerts, checking the county records, and asking your closing attorney about an enhanced title policy.

If you are thinking about a move, you can find more in my complete guide to right-sizing in north metro Atlanta.

Ask Your Real Estate Attorney About Your Title Policy

Because real estate attorneys handle closings in Georgia, yours is a good person to ask about title insurance. Before closing, the title company searches the records, and any problem it finds is cleared before the property transfers. A standard owner's policy covers problems that existed when you bought but were hidden or unforeseen, even after a careful search. An enhanced policy costs a little more and protects against future risk, including fraud. Richard confirmed that it can be purchased at closing, and that if you find you do not have one, you may be able to purchase it for some time after closing as well.

Whether a property qualifies depends on its details. Richard noted that homes in a subdivision are generally easier to cover with an enhanced policy, and that large tracts of acreage are more often not eligible. Since each property is different, it is best to ask the experts. His suggestion is to have a closing attorney review the policy you already have and determine whether it protects you against this type of fraud.

Georgia's Recent Rule Changes

Georgia has strengthened its rules for recording property documents. People who file on their own now go through electronic filing with identity verification, notaries follow stricter identification and record-keeping rules, and owners have a legal route to act against someone who knowingly records a forged deed. The Attorney General's Consumer Protection Division also monitors this area. These changes make it harder to file a false document, and they work well alongside your own monitoring.

Other Habits Worth Adding to Your Routine

• Look at your property record once a year. Your county's online records show what has been recorded against your property, and a yearly look takes only a few minutes.
• Pay attention to your mail. Letters from a lender about a loan you did not take out are worth following up on right away.
• Keep your mailing address current with the county tax office. If you do not live at the property, this helps make sure notices reach you.

A Word About Lines of Credit

You may hear that opening a home equity line of credit you never plan to use can discourage deed theft, because the lender's claim is recorded against the property. The idea is understandable, but there is little official guidance showing that it works. Fraud cases have included forged lien releases. A line of credit can also carry fees, and it is one more account to protect, because a credit line can be misused if someone gains access to it. A real estate attorney can talk through whether it makes sense for your situation.

If You Receive an Alert

Start by reading the filing in your county records and confirming whether it is something you signed. If it is not, contact the county's Clerk of Superior Court, your local law enforcement, and a real estate attorney promptly. Acting quickly gives you the best chance of a smooth correction.

Protecting what you have built does not take much, and the most useful steps are simple ones. If you would like a referral to a local real estate attorney, or have questions about your property records, I am glad to help.

Thank you to Richard Miller, J.D., for sharing his time and knowledge for this post.

Michelle Campbell | Campbell Group at Epique Realty | campbellgrouprealty.com