Deed Theft Protections Expand, Gaps Remain

EquityProtect released its second quarterly Property Protection Scorecard, revealing that while more states enacted deed theft legislation in the second quarter of 2026, the majority of U.S. homeowners still lack state-specific legal protections against this crime. Virginia, California, and Alabama were among the states that passed new deed theft laws during this period, increasing the total number of states with dedicated deed theft statutes to 10. However, the report indicates that 29 states currently lack laws specifically addressing deed theft, forcing property owners to rely on broader fraud and forgery statutes after a fraudulent deed has been recorded.

Ryan Marshall, CEO of EquityProtect, stated that while the increase in legislative action is positive, most laws focus on punishing deed theft after it occurs rather than preventing it. He emphasized the need for preventative safeguards for property owners, in addition to legal remedies. The report cited FBI data showing over 58,000 victims of real estate fraud between 2019 and 2023, resulting in more than $1.3 billion in losses. In 2024 alone, the FBI received 9,359 real estate fraud complaints totaling $173.6 million in losses.

Further analysis from EquityProtect highlighted that seniors represented 44% of reported financial losses due to real estate fraud, despite making up only 19% of victims. The company noted that victims often incur between $50,000 and $150,000 in legal fees to regain ownership after a fraudulent deed is recorded. Additionally, one in three title companies reported experiencing at least one seller impersonation fraud attempt in 2024. Legislative developments mentioned include Alabama's enactment of the Property Protection Act of 2026 and Virginia's adoption of seller identity verification requirements for settlement agents and enhanced notary safeguards.