Can I void or recover damages for a deed executed under a fraudulent trust scheme? - Florida
The Short Answer
Yes. Under Florida law, you may be able to unwind the effects of a fraudulent conveyance and restore your title, and in some situations you may also recover damages tied to the impairment of your property rights.
Whether you can void the deed, quiet title, and/or pursue damages depends on what exactly was signed or recorded, who participated, and what evidence shows fraud or concealment.
What Florida Law Says
Florida provides a direct remedy to address a fraudulent attempted conveyance affecting real property: a quiet title action based on fraud. If the court determines there was an attempt to fraudulently convey land away from someone who held legal title before the conveyance, the court is required to quiet title back in the plaintiff and restore the same title and rights the plaintiff had before the attempted conveyance.
The Statute
The primary law governing this issue is Fla. Stat. § 65.091.
This statute establishes that an action to quiet title may be maintained based on a fraudulent attempted conveyance allegation, and if fraud is found, the court must quiet title in the plaintiff and restore the plaintiff’s prior title and rights.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: A quiet title case based on a fraudulent attempted conveyance is entitled to an accelerated “summary procedure,” meaning the case can move quickly once filed and calendared under the statute’s framework. See Fla. Stat. § 65.091.
- Burden of Proof: You typically need strong evidence showing the conveyance was fraudulent (for example, forged signatures, false authority to act for a trust, fabricated notary acknowledgments, or a paper trail showing concealment or misrepresentation).
- Exceptions: Outcomes can turn on whether third parties claim rights (such as later transferees, lenders, or other parties who assert they relied on the public records), and on what the recorded documents actually say about authority, capacity, and chain of title.
Trying to handle this alone can lead to procedural errors or dismissal of your case—especially where the allegations involve a trust structure, multiple recorded instruments, and potential concealment. A Florida real estate attorney can evaluate the deed, the trust documents (if any), the recording history, and the best set of claims to restore title and pursue appropriate relief.
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.