Home Title Theft: A Crime That’s About to Get a Lot Harder to Commit
If you’re a home title thief who steals the deed to somebody’s property, it’s time for you to pick a new job, preferably an honest one.
Two Dallas County lawmakers, state Rep. Rafael Anchia and state Sen. Royce West, both D-Dallas, led the successful fight with others to create a new law plugging loopholes in the easy-to-do crime.
In Senate Bill 16, which passed both the House and Senate and likely will be signed into law by the governor, the thefts are upgraded from civil to criminal.
As I’ve shared before, many counties offer free fraud alerts when changes are made to property records.
Watchdog Alert
What the New Law Means
“But it’s difficult to get people to register,” Dallas County Clerk John Warren said at a news conference.
The bill allows a judge to nullify illegal property changes.
Senators mingle as the Texas Senate is in recess during the second day of the 89th regular session at the Texas State Capitol in Austin on Wednesday, Jan. 15, 2025.
Juan Figueroa / Staff Photographer
The bill doubles the statute of limitations from five to 10 years.
Dallas County Assistant District Attorney Phillip Clark says the bill carves out its own designation as a felony criminal offense. Under existing state law, he said, “A theft of a house now looks like the same as the theft of a purse.”
How Crooks Steal Home Titles
The most likely technique to steal involves a fake quitclaim deed and deed of transfer, along with a fake notary seal. This is how a property’s ownership is illegally moved without the owner’s knowledge.
Later on, when the owner wants to sell the property, they find out they don’t own it. The thief has forged transfer papers or a name or a notary seal and stolen the name off the property title and replaced it with hers or his.
The point? The crook has taken out a loan and used that property for collateral. The real property owner is on the hook for whatever amount of loan the crook has taken out.
A second technique is a fake mechanic’s lien. A legitimate mechanic’s lien is a lien placed on a property by someone who believes they are owed money for work done. Contractors, subcontractors, suppliers and others can place these on a property, according to Texas law. But in a loophole, fake mechanic’s liens can be put on a property, too.
When it comes up for sale, the buyer and seller learn about the lien. Rather than delay the settlement, the parties end up paying a lien that is actually fraudulent and not theirs, so both parties can move on.
Consequences for Crooks
The penalty will be stronger for those who take advantage of disabled property owners, the elderly, and nonprofits, like churches.
When a Lancaster church was victimized, it took two years to regain ownership of its property deed.
One major advantage of the bill is that police departments can no longer turn these cases away. In the past, the excuse might have been “that’s a civil offense.” No longer. Now it’s criminal all the way through.
Note: Even with the expected law, it’s still important for you to register for fraud alerts. Go to your county clerk’s website and look for the sign-up button for property fraud. If you can’t find it contact the clerk’s office for help.
Conclusion
In conclusion, home title theft is a serious crime that can have devastating consequences for property owners. The new law in Texas aims to make it harder for crooks to commit this crime and provides stronger penalties for those who do. It’s essential for property owners to be aware of the risks and take steps to protect themselves, such as registering for fraud alerts.
Frequently Asked Questions
Q: What is home title theft?
A: Home title theft is a crime where a person steals the deed to somebody’s property, often by using fake documents and forged signatures.
Q: How can I protect myself from home title theft?
A: You can protect yourself by registering for fraud alerts with your county clerk’s office and monitoring your property records regularly.
Q: What are the consequences for home title thieves under the new law?
A: Under the new law, home title theft will be considered a felony criminal offense, with stronger penalties for those who take advantage of vulnerable property owners, such as the disabled, elderly, and nonprofits.
Q: Can police departments still turn away home title theft cases?
A: No, under the new law, police departments can no longer turn away home title theft cases, and must treat them as
