Key Takeaways
- A recorded deed notice helps confirm that your property ownership is secure.
- Scammers often target seniors with fake notices or fraudulent property filings.
- Tennessee homeowners can protect themselves by verifying official notices and monitoring records.
- Elder Law attorneys can review suspicious documents and safeguard your rights.
- Elder Law of Nashville offers trusted legal support for property and elder law protection.
Even before a scammer made national headlines in 2024 by attempting to seize ownership of the Elvis Presley Graceland estate with a fraudulent deed and foreclosure scheme, Tennessee regulators had started initiating actions to respond to an increase in property scams. While that attempted fraud was unfolding, Tennessee Governor Bill Lee signed legislation that directed the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) to study:
- The prevalence of real estate fraud in Tennessee.
- The different schemes used to perpetrate real estate fraud.
- How other states are combating real estate fraud.
- Best local government practices for registering real estate transactions to prevent fraud.
The TACIR recently released its draft report, Protecting Property Owners and Reducing the Risk of Real Estate Fraud in Tennessee. However, its findings and any subsequent governmental initiatives to prevent property fraud do little to currently protect vulnerable seniors in the state from real estate scammers. “Due to large property ownership rates, likelihood of being mortgage-free, having a trusting nature, and the likelihood of potential cognitive struggles, our elderly population is frequently targeted by recorded deed notice scammers and other fraudulent property scams,” says elder law attorney and founder of Elder Law of Nashville, PLC, Barbara Moss.
With this in mind, Elder Law of Nashville encourages seniors and their families to familiarize themselves with recorded deed notices and how property deed scams work. With dedication to protecting seniors in all aspects of their lives, Elder Law of Nashville offers the following primer on how to protect Tennessee seniors from property fraud.
What Is a Recorded Deed Notice?
A recorded deed notice is a legal document filed with the county registrar of deeds that provides public notice of a property transaction or interest. Frequently sent as copies to property owners after filing, they typically involve deeds, notice of lien, and easements or other issues affecting the title to a property. Tennessee laws require recorded deed notices to meet specific formatting and content requirements. The deed must be printed in black ink with a 10-point or larger font on letter or legal-size white paper of at least 20-pound weight, and have one-inch margins, except on the first page, which requires three-inch top and bottom margins. Required content includes:
- A title (such as “Warranty Deed” or “Quitclaim Deed”).
- Identification and addresses of the granter (seller) and grantee (purchaser).
- A granting clause statement of the grantor’s intent to transfer the property.
- A deviation clause identifying how the grantor acquired the property (prior recorded deed or other proof).
- A legal description of the property.
- The county assessor’s parcel identification number.
- Property identification map number (in counties where applicable).
- Signatures by the grantor (or a power of attorney) and the grantee.
- Notarization of the grantor and grantee signatures.
What Might Differentiate a Fake Deed?
While property scammers are increasingly turning to artificial intelligence and other high-tech means to forge documents, fake recorded deed notices often contain errors, inconsistencies, and other elements that don’t conform to the state’s legal deed formatting and content requirements. Typical errors found in fake recorded deed notices and related documentation include:
- Missing or incorrectly spelled names.
- Vague property description.
- Missing or false deviation clause.
- Incorrect parcel ID number.
- Non-compliant margins.
- Lack of a recorded deed from the registrar of deeds.
- Missing or fake notarization.
- Missing or forged signatures.
Depending on the type of scam, fraudsters may commit other errors in their communications to seniors involving recorded deed notices and, for example, requesting a Social Security number or bank details, which a legitimate county office would never ask. Or correspondence that lacks official county branding and/or mimics the name of a fake government entity rather than the official county registrar of deeds.
The bottom line is that legitimate deed recordings do not generate unsolicited letters from the county. Thus, if you receive such a notice, it is probably a scam.
How Property Deed Scams Work
Real estate scammers in Tennessee operate various scams targeting seniors and other vulnerable individuals. Most scams are relatively low-level operations designed to skim smaller monetary amounts and steal personal identity information to use in other, more costly scams. For example, with the bogus deed retrieval service operation, scammers send official-looking letters or emails to seniors claiming that they need to pay a modest ($80-$100) fee for a copy of their property deed to protect against fraud. Seniors are targeted for this scam because they are often unfamiliar with the recorded deed notice process and more likely to be unreasonably afraid of losing their property if they don’t act.
More complex and costly scams target properties held by seniors. For example, with the quitclaim deed scam, fraudsters file forged quitclaim deeds with the county registrar of deeds, falsely transferring property ownership to themselves or others. Victims often have to take costly legal action to restore their title, frequently facing fraudulent loans taken against their property. Scammers identify targeted properties through public records, seeking those, like vacant land or second homes, with less oversight from senior owners.
Watch Out for These Red Flags that May Indicate a Scam
Seniors and their families should view any unsolicited letters, emails, or calls seeking payment for a recorded deed notice, protection from foreclosure, or other deed-related issues with skepticism. This holds especially true if the senior is pressured to initiate a rapid response or is threatened with dire consequences if they fail to act. Other red flags that may warn seniors and their families of potential deed scams include:
- Written or verbal requests for deed-related payments from loan officers, government officials, or title agencies who cannot provide verifiable credentials.
- Requests for personal identification and/or banking information.
- Any demands for upfront payments to “secure” your recorded deed notice or avoid disclosure, especially if lacking written details.
- You may receive unexpected notices from the county registrar of deeds regarding a new deed or lien involving your property.
- Receiving property-related bills addressed to someone else or that otherwise indicate a potential change in ownership.
- Any threat of legal action or property loss made against a senior for unfamiliar debts or liens on their property.
- Official documents or emails that lack proper branding, contain errors, lack notarization, or otherwise seem illegitimate.
- Requests or demands to sign property-related documents without a clear explanation and under high-pressure tactics.
How to Verify a Recorded Deed Notice in Tennessee
The easiest way to verify a recorded deed notice is to check with your county registrar of deeds office, which will provide a copy of your deed for $10 to $15. In some Tennessee counties, it’s easy to verify property deeds and related documents with the registrar’s online records system. Whatever the case, it’s imperative to review recorded deed notices and any apparent changes in property ownership, if you believe a scammer has successfully committed relevant fraud, or before making payments or signing anything relating to your property. For peace of mind, consult with an experienced attorney if you believe your property ownership may have been compromised in any way.
What Happens When a Fraudulent Deed is Recorded?
As suggested by this article’s introduction, property fraud prevention laws in Tennessee currently lack sufficient bite to deter scammers. A worst-case scam involving the recording of a fraudulent quitclaim deed can cause significant problems for seniors and their families, including:
- Unauthorized sale of the property to an unsuspecting buyer may complicate the resolution of the fraud.
- Unauthorized loans or mortgages secured with the property as collateral.
- Legal fees, court costs, and other expenses to correct the fraudulent deed and related fraudulent transactions.
- Prevent or significantly delay property sales, refinancing, or development of the property.
Anyone faced with a fraudulent quitclaim deed should act quickly by notifying the county registrar of deeds, local law enforcement, and consulting with a competent attorney. Reversing a fraudulent property transfer may require you and your attorney to conduct one or more of the following actions:
- Conduct a title search and trace the chain of title to confirm the fraud.
- File an affidavit of fraud or a corrective deed to correct the record.
- File a lawsuit in chancery court to have the fraudulent deed declared void and removed from the public record.
- Seek a court order to prevent future property transfers, development, or liens, mortgages, and loans from being applied to the property.
How Elder Law Attorneys Can Help
An elder law attorney, like those at Elder Law of Nashville, can help ensure that your elderly loved ones do not fall prey to scammers and protect their property holdings. Protecting property from all potential threats is one of our key estate planning goals, and we have legal tools that proactively prevent unauthorized property transfers and mitigate the risk of other forms of fraud.
When it comes to recorded deed notices, suspicious property documents, or any apparent unusual changes to your senior’s property holdings, Elder Law of Nashville stands ready to review the materials to ensure legitimacy, protect their property, and prevent unauthorized transfers. For the best in your elderly loved one’s continuing health, happiness, and financial well-being, schedule a consultation with us today.
FAQs: Recorded Deed Notice
Q: What is a recorded deed notice?
A: A recorded deed notice is an official record confirming property ownership filed with your county’s register of deeds.
Q: Are recorded deed notices a scam?
A: Some notices sent to seniors are legitimate, but many scam letters mimic official documents to trick homeowners into paying unnecessary fees and divulging personal identification information.
Q: How can I check if a deed notice is real?
A: Contact your local register of deeds office to verify the notice, or ask an attorney to review it.
Q: What should I do if my deed was fraudulently transferred?
A: Seek immediate legal help. An elder law attorney can work to reverse the fraudulent transfer and restore your property rights.
Q: Can Elder Law of Nashville help with property scams?
A: Yes, their attorneys provide guidance, review suspicious notices, and protect seniors against fraudulent property schemes.