Protecting Property Interests
 
 

One of the most valuable assets that residents own is land and land improvements (real property).  Safeguarding and monitoring of property interests continues to be a topic of conversation in the real estate industry, including building knowledge of safeguards and measures that property owners can take to protect their interests. 

The topic of deed fraud, or property theft, has been front and center in the real estate industry due to an increase in fraud, as reported by title insurance companies and others in the real estate and public records industry.  In recent months, some concerns about deed fraud made headlines.  While there have been no reported instances of deed fraud in St. Louis County, the County Recorder’s department is taking steps to help property owners stay aware.

Because the Recorder’s office records documents after transactions have already taken place, fraud may have occurred well before it has reached the office of the Recorder.  Continual conversations within the industry have helped to prepare professionals for that potential, and to have mechanisms in place that may help to deter, prevent, or respond to fraud. 

Some information that may clarify what deed fraud is, what the recorder’s office can and can’t do, and mechanisms that are in place to monitor property transactions:

What is deed fraud?
Deed fraud can also be known as property fraud, house-stealing, or theft. Deed fraud occurs more frequently if a transaction relates to vacant land (as reported by National Association of REALTORS Research Group – 2025 Deed & Title Fraud Survey).

What are ways in which deed fraud can occur?

  • Forgery – fraudster impersonates the property owner and signs a deed.
  • Misrepresentation – property is acquired through false pretenses or misinformation.
  • Notary fraud – individual misrepresents their authority or falsifies a notarial act.

Red flags that property might be vulnerable to fraud:

  • Vacant property where owner does not occupy
    • In particular, vacant land
  • No outstanding mortgages or liens
  • Listed as “for sale by owner” or sold below market value
  • Seller refuses to attend the closing and only wants to communicate via email or text
  • Buyer or seller wants a cash only transaction and/or prefers cryptocurrency as payment
  • Notary is known to the seller
  • Notary does not require credential analysis or multiple-factor authentication

What recorders can’t do:

  • Cannot audit the content of a document to determine whether it is enforceable – a recorder’s responsibility is to record if the document meets recordability requirements
  • Detect fraud (however, recorders can help local authorities if fraud does occur)

What recorders can do:

  • Implement property alert systems
    • Early detection of issues
    • Comfort level
    • Prompt resolution
  • Assist victims and law enforcement
  • Help to educate the public
  • Help to enact legislation that helps to clarify the recorder’s role

Current mechanisms in place for searching records:

  • County Land Explorer:  The County’s Land Explorer, provides updates to property information on a daily basis (although certification of a transaction that has been recorded may take up to several days, depending on the type of transaction)  County Land Explorer
  • RecordEASE Web:  The County Recorder’ office maintains an index of property transactions by grantor/grantee as well as by property description.  Records can be viewed on computer terminals in the recorder’s office; individuals can subscribe to RecordEASE Web or call our offices to discuss any questions regarding transactions that may affect title to property.  For more information, please visit the recorder’s web page:  Public Records

Property Watch:

  • A new feature called Property Watch will allow property owners to sign up for alerts to notify them of when anything has been recorded against their property.  This service can help to keep property owners informed and aware of any information that may impact ownership interests.
  • How it works: the service is free, but residents must opt in to receive it.   Property owners can register online St. Louis County Property Watch or scan the QR code below or visit any of St. Louis County’s Recorders offices in Duluth, Virginia, or Hibbing to have a staff member assist.
    •   After you enroll, Property Watch will send you an automated email alert any time a document is recorded in our office that matches the name and/or property tax identification number you specified.
    • If you have a paid subscription to the St. Louis County RecordEASE Web, you can log in to view both the indexed information and the recorded document image.
    • If you do not have a RecordEASE Web subscription, please call our office at 218-726-2677 to speak with a staff member. They will need the document information to assist you further.

MN Attorney General’s Office Resources:

American Land Title Association

National Association of Realtors: