Disclaimer: General educational research only — not legal advice. If you think someone has filed a fake deed on your property, contact your county recorder, local police and a real estate attorney right away.
Estate Planning Data & Research → Deed Theft Watch
Deed theft is simple to describe and miserable to undo. Someone forges the owner’s signature on a deed, gets it notarized (or fakes the notary), and records it with the county. On paper, the house now belongs to someone else. They may sell it, borrow against it, or move a tenant in.
The usual targets are homes with no mortgage, vacant land, and houses where the owner has died or moved to a care facility. In other words, the kind of property many older homeowners and their families own.
We tracked every deed-fraud and title-fraud bill in all 50 states and DC in 2025 and 2026. We put those next to Census counts of paid-off homes owned by people 65 and older, and next to the FBI’s 2025 elder fraud figures.
Keeping the deed in the right name, and having a plan for who gets the house, leaves less room for fraud. See whether you need a will, a living trust or both.
Downloads
Cite this page URL when reusing findings. Not a substitute for official sources or professional advice.
Key findings
- 18.8 million homes owned by people 65 and older have no mortgage: 18,833,872 (±60,244), or 63.7% (±0.1) of all homes owned by householders 65+. About 9.0 million of them belong to householders 75 and older.
- 10 states enacted 15 deed-fraud laws in 2025–26. Four of them only set up a study, task force or commission: Maine, Maryland, New Hampshire and one of Virginia’s two laws. Texas and Oklahoma passed the most, three each. Texas’s include SB 16 from its second special session in 2025, which created the crimes of “real property theft” and “real property fraud.”
- 23 states had at least one deed-fraud bill, 77 bills in all. Twelve are still alive in legislatures that are in session: 5 in New Jersey, 5 in North Carolina and 2 in Ohio. North Carolina’s Title Fraud Prevention bill (S 423) has been in a conference committee since June 23, 2025.
- Reported real-estate fraud losses among people 60+ rose 62% in a year. The FBI’s Internet Crime Complaint Center (IC3) logged 2,473 real-estate fraud complaints from people 60 and older in 2025, with $123,671,936 in losses. In 2024 there were 1,765 complaints and $76,324,236 in losses. IC3’s “real estate” category also covers rental, timeshare and investment scams, so treat this as a warning sign, not a count of stolen deeds.
- California, Florida and Michigan had the largest 60+ real-estate fraud losses on IC3’s 2025 state pages: $20.24 million (392 victims), $14.44 million (300) and $11.63 million (61).
- Paid-off homes are most common among older owners in North Dakota (81.7% ±1.3), West Virginia (76.8% ±0.2) and South Dakota (75.1% ±0.6). Florida has the most such homes, about 1.62 million (±16,959). Texas has 1.46 million and California 1.44 million.
State-by-state table
Homes = owner-occupied housing units with no mortgage or home-equity loan, householder 65+. MOE = 90% margin of error. IC3 figures are victims age 60+ in IC3’s “Real Estate” crime type from the FBI’s 2025 state elder fraud pages; they don’t add up exactly to the national report total. Laws count identical House/Senate companions once. Bill-by-bill details and verification are in the CSV download.
| State | Homes owned free and clear, householder 65+ (±MOE) | Share of 65+ owner homes (±MOE) | IC3 2025 real-estate fraud victims 60+ | Reported losses 60+ | Deed-fraud laws enacted 2025–26 | Bills still pending |
|---|---|---|---|---|---|---|
| Alabama | 345,117 (±6,738) | 67.4% (±0.7) | 31 | $998,284 | 1 (SB292) | 0 |
| Alaska | 35,113 (±1,801) | 65.0% (±0.7) | 16 | $373,365 | 0 | 0 |
| Arizona | 452,342 (±8,526) | 59.4% (±0.6) | 140 | $9,846,415 | 0 | 0 |
| Arkansas | 204,257 (±4,983) | 70.5% (±0.6) | 27 | $600,935 | 0 | 0 |
| California | 1,440,743 (±16,606) | 52.9% (±0.4) | 392 | $20,237,991 | 0 | 0 |
| Colorado | 279,732 (±6,772) | 56.9% (±0.9) | 60 | $683,083 | 0 | 0 |
| Connecticut | 205,157 (±5,513) | 61.5% (±0.9) | 39 | $432,107 | 0 | 0 |
| Delaware | 68,239 (±3,199) | 56.9% (±1.8) | 10 | $9,500 | 0 | 0 |
| District of Columbia | 19,823 (±2,038) | 51.5% (±3.8) | 10 | $80,879 | 0 | 0 |
| Florida | 1,615,641 (±16,959) | 64.6% (±0.4) | 300 | $14,437,738 | 0 | 0 |
| Georgia | 517,181 (±8,759) | 60.0% (±0.5) | 76 | $1,477,484 | 0 | 0 |
| Hawaii | 76,866 (±3,768) | 55.5% (±1.9) | 19 | $120,483 | 0 | 0 |
| Idaho | 114,237 (±3,217) | 63.5% (±0.8) | 19 | $709,715 | 0 | 0 |
| Illinois | 740,469 (±10,463) | 64.8% (±0.5) | 74 | $1,347,880 | 1 (SB1523) | 0 |
| Indiana | 398,960 (±6,827) | 62.7% (±0.5) | 38 | $3,141,915 | 0 | 0 |
| Iowa | 224,834 (±4,342) | 71.8% (±0.5) | 8 | $220,281 | 0 | 0 |
| Kansas | 188,037 (±3,870) | 69.6% (±0.4) | 9 | $91,585 | 0 | 0 |
| Kentucky | 297,931 (±6,040) | 69.3% (±0.6) | 34 | $1,917,888 | 0 | 0 |
| Louisiana | 308,089 (±7,168) | 72.1% (±0.8) | 16 | $21,874 | 0 | 0 |
| Maine | 114,245 (±3,616) | 67.6% (±1.0) | 18 | $11,773 | 1 (LD353) | 0 |
| Maryland | 280,021 (±6,352) | 53.3% (±0.8) | 56 | $1,106,236 | 1 (HB130) | 0 |
| Massachusetts | 364,521 (±7,056) | 60.6% (±0.5) | 61 | $193,160 | 0 | 0 |
| Michigan | 697,871 (±8,378) | 66.6% (±0.4) | 61 | $11,630,934 | 0 | 0 |
| Minnesota | 345,448 (±6,068) | 66.1% (±0.6) | 38 | $1,575,266 | 0 | 0 |
| Mississippi | 214,817 (±5,017) | 74.2% (±0.6) | 13 | $333,369 | 0 | 0 |
| Missouri | 387,203 (±6,544) | 65.2% (±0.6) | 66 | $2,373,749 | 0 | 0 |
| Montana | 85,147 (±2,987) | 69.5% (±0.9) | 10 | $11,900 | 0 | 0 |
| Nebraska | 126,334 (±3,469) | 71.3% (±0.8) | 10 | $6,580 | 0 | 0 |
| Nevada | 133,936 (±4,466) | 52.4% (±1.1) | 52 | $507,887 | 0 | 0 |
| New Hampshire | 95,493 (±3,488) | 64.9% (±1.3) | 18 | $35,381 | 1 (HB1040) | 0 |
| New Jersey | 476,296 (±8,749) | 61.7% (±0.7) | 80 | $945,045 | 0 | 5 |
| New Mexico | 160,132 (±5,297) | 68.5% (±1.1) | 26 | $1,423,385 | 0 | 0 |
| New York | 1,011,100 (±13,894) | 65.9% (±0.5) | 169 | $8,920,689 | 0 | 0 |
| North Carolina | 627,073 (±9,640) | 62.2% (±0.5) | 86 | $1,369,611 | 0 | 5 |
| North Dakota | 54,318 (±2,504) | 81.7% (±1.3) | 8 | $404,732 | 0 | 0 |
| Ohio | 738,318 (±10,470) | 64.2% (±0.5) | 67 | $671,861 | 0 | 2 |
| Oklahoma | 246,163 (±4,615) | 70.8% (±0.5) | 26 | $231,147 | 3 (SB2072, SB877, SB925) | 0 |
| Oregon | 234,865 (±5,776) | 57.9% (±0.9) | 46 | $1,256,285 | 0 | 0 |
| Pennsylvania | 901,302 (±11,618) | 68.7% (±0.4) | 94 | $4,159,296 | 0 | 0 |
| Rhode Island | 57,612 (±3,056) | 58.8% (±1.6) | 6 | $33,119 | 1 (H7551/S2715) | 0 |
| South Carolina | 360,201 (±7,847) | 63.5% (±0.7) | 45 | $461,590 | 0 | 0 |
| South Dakota | 62,239 (±2,448) | 75.1% (±0.6) | 7 | $40,558 | 0 | 0 |
| Tennessee | 445,705 (±8,332) | 67.7% (±0.6) | 59 | $1,153,367 | 0 | 0 |
| Texas | 1,455,989 (±15,492) | 70.3% (±0.3) | 192 | $9,689,350 | 3 (SB16, SB1734, SB647) | 0 |
| Utah | 138,232 (±4,178) | 62.3% (±1.0) | 17 | $189,356 | 1 (HB0108) | 0 |
| Vermont | 51,262 (±2,258) | 66.5% (±1.4) | 5 | $3,421 | 0 | 0 |
| Virginia | 449,786 (±7,785) | 58.6% (±0.6) | 88 | $5,106,828 | 2 (HB2396/SB1270; HB163/SB316) | 0 |
| Washington | 390,474 (±7,360) | 59.1% (±0.6) | 92 | $2,463,662 | 0 | 0 |
| West Virginia | 162,132 (±3,990) | 76.8% (±0.2) | 10 | $34,612 | 0 | 0 |
| Wisconsin | 386,739 (±5,391) | 67.2% (±0.4) | 34 | $9,536,691 | 0 | 0 |
| Wyoming | 46,130 (±2,340) | 71.1% (±1.4) | 5 | $66,500 | 0 | 0 |
What states passed in 2025–26
- Texas made real property theft and real property fraud crimes and added recording requirements (SB 16, signed Sept. 17, 2025). It also passed laws on fraudulent documents that claim to convey title (SB 1734) and on how clerks handle those filings (SB 647). Both took effect Sept. 1, 2025.
- Oklahoma created felony “title theft” offenses and a notice owners can file (SB 925, became law without the governor’s signature May 8, 2025). It also requires real estate licensees to take continuing education on deed theft by Nov. 1, 2028 (SB 877, became law without the governor’s signature May 29, 2025). In 2026 it required certain notices to law enforcement and barred fees for some filings (SB 2072, approved May 6, 2026).
- Illinois lets the rightful owner sue anyone who records a fraudulent or altered deed (SB 1523, Public Act 104-0382, effective Jan. 1, 2026).
- Rhode Island created the crime of real estate title fraud (H 7551/S 2715, signed June 10, 2026, per LegiScan).
- Alabama passed the Alabama Property Protection Act of 2026 (SB 292, per LegiScan). Utah amended its fraudulent-deed law (HB 108, 2025, per LegiScan).
- Virginia dropped “personal knowledge” as a way for notaries to identify signers of land records and told circuit court clerks to set up property alert notification systems (HB 163/SB 316, 2026, per LegiScan). A 2025 law asked the state housing agency to study deed fraud (HB 2396/SB 1270).
- Maryland (task force, HB 130, Chapter 399 of 2026), Maine (commission, LD 353, 2025) and New Hampshire (quitclaim deed study committee, HB 1040, Chapter 209 of 2026) chose to study the problem first.
Why states differ
Recording systems are local. In most states the county recorder’s job is to record documents, not to check whether a deed is real. Some states are adding ID rules for notaries, waiting periods, or owner alerts. Others are still studying the problem.
The crime often isn’t spelled out. Before laws like Texas SB 16 and Rhode Island’s 2026 act, prosecutors had to fit deed theft into general forgery or theft statutes. New laws define it directly, which can make prosecution and restitution easier.
Paid-off homes are a bigger share where people stay put. States with older, long-settled populations (North Dakota, West Virginia, Mississippi) have the highest share of older owners with no mortgage. High-cost states like California and Nevada have the lowest, partly because more owners refinance.
What this means for your family
- Sign up for your county’s property fraud alert if it has one. Many recorders offer free email alerts when a document is recorded under your name.
- Keep the deed in the right name. A home still titled to a parent who died years ago is an easy target. A transfer-on-death deed, lady bird deed or living trust can move the house cleanly when the time comes.
- Watch vacant property. If a parent has moved to assisted living, check the county records every few months.
- Make a plan that names who handles the house. A will or trust, plus a durable power of attorney, means someone you chose has the authority to act fast if a fraudulent deed shows up.
Related: Avoiding probate · Older adults living alone, by state · Essential estate documents
Methodology
Bills. Family Estate Guide’s law tracker searches LegiScan for 2025 and 2026 bills mentioning deed theft, deed fraud, title fraud or theft, fraudulent deeds, recordings or conveyances, property fraud alerts, and similar terms, and then screens them by title. On Oct. 6, 2026, we widened the search, which added laws from Texas, Oklahoma, Illinois, Virginia and New Hampshire whose titles didn’t use the earlier terms. A second check of enacted bills’ text, added the same day, found Oklahoma’s SB 877. We dropped resolutions, unrelated “unlawful occupant” (squatter) laws and budget lines that only fund deed theft programs. We confirmed each enacted law on the official legislature website where the site allowed it. The rest are labeled “per LegiScan” with the date of the last action. “Still pending” counts bills in sessions LegiScan lists as open; we treat Maryland and South Carolina as adjourned.
Census. U.S. Census Bureau, ACS 2024 1-year estimates, table B25027 (Mortgage Status by Age of Householder). Paid-off 65+ = B25027_016 + _017. All 65+ owner homes = _008 + _009 + _016 + _017. We combined MOEs by root-sum-of-squares and calculated share MOEs with the Census proportion formula.
FBI IC3. The national figures (2,473 complaints, $123,671,936 in losses for people 60+, plus the 2023 and 2024 comparisons) come from the elder fraud section (complaints filed by people 60+) of the FBI’s IC3 2025 Annual Report. State figures come from IC3’s 2025 state elder fraud pages, “Crime Type by Victim Count/Loss,” Real Estate row, victims 60+. IC3 defines real estate fraud as “Loss of funds from a real estate investment or fraud involving rental or timeshare property.” It’s self-reported and not specific to deed theft.
What we couldn’t measure. No federal agency counts deed theft. Most cases show up in county court records or local police reports, if at all.
Frequently asked questions
What is deed theft?
It’s when someone records a forged or fraudulent deed to take legal title to a property they don’t own. It’s sometimes called house stealing or title fraud.
Does title insurance protect me?
An owner’s title policy generally covers title defects that existed when you bought the home. Fraud that happens years later may or may not be covered, depending on the policy. Some insurers sell enhanced policies. Read yours or ask the insurer.
How would I know if someone filed a fake deed on my house?
Often you wouldn’t until a tax bill stops arriving or a stranger shows up. That’s why county property fraud alerts are worth signing up for. You can also search your county recorder’s index by your name every so often.
Are homes of people who’ve died at higher risk?
Yes. A house that sits empty after a death, with the title still in the late owner’s name, is a common target. Settling the estate promptly, or using a transfer-on-death deed or trust, closes that window.
Is a “title lock” service worth it?
Most paid monitoring services only alert you after a document is recorded. They don’t block filings. Many counties offer similar alerts for free.
Sources
Government public-domain data and official legislature pages only.
Census
- U.S. Census Bureau, ACS 2024 1-year, Table B25027 (Mortgage Status by Age of Householder): https://api.census.gov/data/2024/acs/acs1/groups/B25027.html. Variables _008, _009, _016, _017 (E and M), state:* and us:1, pulled 2026-10-06.
FBI Internet Crime Complaint Center (IC3)
- IC3 2025 Annual Report (PDF), elder fraud section, Real Estate row: 2,473 complaints from people 60+ (2024: 1,765; 2023: 1,498) and $123,671,936 in losses (2024: $76,324,236; 2023: $65,634,851): https://www.ic3.gov/AnnualReport/Reports/2025_IC3Report.pdf
- IC3 2025 Elder Fraud state pages, “Crime Type by Victim Count/Loss”: https://www.ic3.gov/AnnualReport/Reports/2025EFState/?s=1 through ?s=57
- IC3 definition of Real Estate fraud (from the annual report glossary): “Loss of funds from a real estate investment or fraud involving rental or timeshare property.”
- FBI Elder Fraud tri-fold: rounds the figure to “$123 million”
Enacted deed-fraud laws, 2025–26 (checked 2026-10-06)
Verified on official sites:
- Texas SB 16 (89th Leg., 2nd C.S.), signed 9/17/2025: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=892&Bill=SB16
- Texas SB 1734, signed 5/30/2025, effective 9/1/2025: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB1734
- Texas SB 647, effective 9/1/2025: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB647
- Oklahoma SB 925, became law without signature 5/8/2025: https://www.oklegislature.gov/BillInfo.aspx?Bill=sb925&Session=2500
- Oklahoma SB 2072, approved 5/6/2026: https://www.oklegislature.gov/BillInfo.aspx?Bill=sb2072&Session=2600
- Illinois SB 1523, Public Act 104-0382 (approved 8/15/2025; effective 1/1/2026): https://www.ilga.gov/Legislation/BillStatus?DocNum=1523&GAID=18&DocTypeID=SB&LegId=160165&SessionID=114
- Maryland HB 130, Task Force to Study Deed Fraud, Chapter 399 of 2026: https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0130?ys=2026RS
- Maine LD 353, Resolve establishing a commission on preventing deed fraud (2025): https://legislature.maine.gov/legis/bills/display_ps.asp?LD=353&snum=132
- New Hampshire HB 1040, Chapter 209 of 2026: https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=3125&sy=2026&sortoption=&txtsessionyear=2026&txtbillnumber=HB1040
- North Carolina S 423 (pending; conference committee appointed 6/23/2025): https://www.ncleg.gov/BillLookUp/2025/S423
Per LegiScan only (official site is JavaScript-only or not bill-specific):
- Alabama SB 292 (2026): https://legiscan.com/AL/bill/SB292/2026
- Rhode Island H 7551 / S 2715 (2026): https://legiscan.com/RI/bill/H7551/2026
- Utah HB 108 (2025): https://legiscan.com/UT/bill/HB0108/2025
- Virginia HB 2396 / SB 1270 (2025, Acts ch. 271/282): https://legiscan.com/VA/bill/HB2396/2025
- Virginia HB 163 / SB 316 (2026, Acts ch. 364/365): https://legiscan.com/VA/bill/HB163/2026
Bill data
- LegiScan API (data CC BY 4.0), pulled 2026-10-06
Not verified / caveats
- IC3 state-page victim totals (2,883 victims and $122.7M across 50 states + DC) don’t match the national complaint count (2,473). The state pages count victims, the national table counts complaints, and the two may be grouped differently.
- AL, RI, UT and VA laws are labeled per LegiScan.
- The LegiScan title search can miss deed-fraud provisions buried in broader property or notary bills.
Cite this data
Family Estate Guide, “Deed Theft Watch: State Laws Against Home Title Fraud (2025–26),” October 2026. https://familyestateguide.com/estate-planning-data/deed-theft-watch/
You’re welcome to reuse the table with a link back to this page. The Census and FBI data are public domain.
Published October 6, 2026 by Family Estate Guide. Data vintage: state bills per LegiScan pulls of Oct. 6, 2026, with official-site checks the same day; ACS 2024 1-year; FBI IC3 2025 Annual Report (elder fraud section) and 2025 state elder fraud pages. Editorial standards.