Hello Mr. Feichthaler,

I listen to a lot of talk radio, and I hear commercials over and over for services that make sure someone doesn’t transfer your house with a fake deed. Do you think these services are worth it?

— Charles A.

Dear Charles,

Several companies are offering “protection” of your deed from improper, unauthorized transfer or borrowing for your property. These companies only claim to monitor the public records to see if any sale or mortgage appears relating to the customer’s property, as they can do nothing to actually stop a document from being recorded. Although fraudulent deeds and loans can occur, it is very rare, as most lenders will require financial proof and other information on how the new owner took title to the property before making a loan.

I cannot give specific advice whether a particular service is worth the cost or not. But, if you are concerned about someone filing deeds, mortgages, liens or anything else in the public records against your property, you can easily check by performing an official records search at www.leeclerk.org. The search is free, and by entering your name and a range of dates, you can see anything that has been recorded with your name on it, including fraudulent deeds.

I also recently discussed a program started last year by the Lee County Clerk’s office, called “Property Fraud Alert.” This free service alerts a property owner when any document recorded purports to impact your property, including deeds, mortgages, and other liens. E-mails are sent within 24 hours of the recording, giving you a very efficient “heads up” if your property may be subject to a fraud. This service can be accessed at www.leeclerk.org, by selecting “Property Fraud Alert.” I have personally used this service, and I can confirm it works, and it is free.

If you ever discover that a fraudulent deed, mortgage or other lien was recorded on your property, you should seek legal counsel immediately. Filing false documents is a felony in Florida, so those who may engage in this fraudulent activity are taking a substantial risk, and they should be held responsible for their actions.

Based on my review of the services these companies typically provide, I personally will continue to register with Lee County’s Fraud Alert program.

Eric P. Feichthaler has lived in Cape Coral for over 30 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 18 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.

Mr. Feichthaler can be reached at eric@capecoralattorney.com, or (239) 542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.