The Best Laws Against Deed Theft: How Does Your State Rank?

For those concerned about where deed theft is taken most seriously under the laws, the data security firm EquityProtect has the facts.

The company’s new Property Protection Scorecard sums up the current status of each of the 50 states and Washington, DC.  

The equityprotect.com/scorecard webpage ranks states using five tiers. Tier 1 shows the states with deed fraud-specific criminal penalties; the fifth tier is made up of states with no specific law or policy action so far. Here’s the rundown.

Tier 1

Tier 1 lists the states with “major laws” on the books. These may amount to “comprehensive” and specific criminal provisions to deal with deed fraud, ID verification for deed recording, and powers for deed recorders to refuse suspicious filings. These states have made significant legislative headway:

• New York
• Michigan
• Illinois
• Texas
• Georgia
• Oklahoma
• Tennessee

All seven states—New York, Michigan, Illinois, Texas, Georgia, Oklahoma, and Tennessee—have put deed fraud statutes on the books since 2023.

Tier 2

Where are new laws being made right now? Tier 2 is the “active” group:

• Pennsylvania
• Virginia
• Massachusetts
• New Jersey
• New Hampshire
• Kansas
• Connecticut
• California

All eight of these states have promising bills pending in the 2025-26 legislative session.

Tier 3

Tier 3 states have made “partial” progress:

• Maryland
• Ohio
• Arizona
• Indiana
• North Carolina
• South Carolina
• Nevada
• North Dakota
• Washington
• Colorado
• Florida

The states listed above have taken action in some way. For example, they may have started mandatory alert systems for deed holders in all counties; and/or they may empower county deed recorders to step in and refuse to record suspicious deeds.

Tier 4

This group of states is the studying/monitoring batch. These states appear to be watching and waiting, perhaps developing research and working teams, and may have already devised partial deed fraud reforms:

• Maine
• Rhode Island
• West Virginia
• Kentucky
• Alabama
• Wisconsin
• Minnesota
• Iowa
• Missouri
• Arkansas
• Louisiana
• South Dakota
• Nebraska
• Oregon
• Idaho
• Utah
• Hawaii

As we can see, the question of legislating around deed theft is on many states’ radar.

Tier 5

This group shows no specific deed fraud law or policy action so far. Fraud and forgery laws are on the books in every state, so improper deed filings could still be held accountable. Yet the specific needs of a victim of deed theft are not addressed in:

• Vermont
• Delaware
• Mississippi
• Washington, DC
• Alaska
• New Mexico
• Wyoming
• Montana

So, state laws on deed theft (as of the end of the first quarter of 2026) vary. At present, the national trend is moving toward establishing consumer-protection and criminal laws to stop the spread of deed manipulation.

What’s the Role of EquityProtect?

Ryan Marshall, the company’s CEO, says the scorecard displays “a critical truth: legislation is an important step, but it is not protection.” This is because laws are more likely to punish deed theft rather than prevent it. EquityProtect promises prevention.

As regular Deeds.com readers know, some laws actually can prevent deed theft. For example, with House Bill 1762, Tennessee property owners, lawyers, or title insurance agents (who must be licensed in the state) must present a sworn affidavit confirming they prepared it, beginning this July. This is one example of a strict—and preventative—legal provision.

EquityProtect is marketing a “title lock” product. It works by:

• Filing a claim on the property with the county recorder of deeds, and requiring multi-factor authentication from the deed holder to make changes.

• Monitoring public records and the internet for fraud indicators.

Equity Protect’s “SmartPolicy” claim is meant to deter bad actors who’d have an easier time targeting free and clear titles. But is this a novel idea? Deed holders themselves could—and some do—open secured equity loans or credit lines (which might or might not come with fees) if they want to encumber their titles.

As stated on its current pricing page, EquityProtect charges $59.99 per year to monitor claims recorded in your county and activity on listing sites. Many counties offer free alert services, and you can monitor real estate sites yourself. EquityProtect charges $149.99 a year to add two more features, including filing a “secured instrument” on your property and reimbursing “eligible losses” up to one million dollars. 

EquityProtect is a subscription model, in contrast with an owner’s title insurance policy, for which you only pay one premium up front. With title insurance, protection spans the life of your ownership to guard the interests of you and your heirs. Bottom line: a robust title insurance policy is still the best way to guard a property’s value against bad actors.

Deed theft by quitclaim can happen without resolving claims on the home—through a transfer subject to encumbrances of record. Moreover, some swindlers do falsify loan satisfaction documents for secured instruments. Deed fraud accompanied by fraudulent lien releases? Yes, it can happen. 

Is Your Equity Protected Against Deed Theft?

When swindlers go after people’s titles, they’re essentially looking to exploit home equity. If your mortgage is paid off, there’s probably a lot to exploit. No wonder EquityProtect found older adults particularly vulnerable to heavy losses—44% of the dollar value overall.

And the National Association of REALTORS® points to empty homes as the most likely targets. Six in ten equity theft cases involve properties left unoccupied.

That said, any deed can be at risk. EquityProtect warns that title fraud “even in states with strong criminal statutes” costs victims “an average of $50,000–$150,000 in legal fees.” That’s a daunting burden for anyone.

Yet you might already have recourse to coverage. If you bought a title policy (at the closing of your original mortgage or refinanced loan), your home is protected to the extent of your policy coverage. An enhanced owner’s policy is the strongest guard. You can ask any title company you might use about post-closing deed theft coverage.

And do check your county website and sign up for the alert system if available. That way, you’ll know if someone records a claim against your title.  Yes, as EquityProtect says, even the best alert systems only inform the deed holder of activity against the deed after it occurs. But alerted, quick-acting homeowners can report suspicious activity to their title companies and law enforcement before the home is resold.

Some homeowners transfer their deeds into companies or trusts. If you’re seeking the strongest way to safeguard your title, consult a local real estate lawyer. For general guidance, see a title expert who knows the law of your home’s state.

Do you check in on your credit profile periodically, just to make sure there’s no unexpected activity? Learn more about identity theft and fraud by impersonation.