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Lawmakers press AG on deed theft, title fraud and state agency coordination

2543299 · March 11, 2025
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Summary

Committee members raised concerns about deed‑theft and false liens; Attorney General Ellison and Deputy Whitney said the problem is growing, currently complaint‑driven, and that agencies and the AG’s office coordinate but siloing can occur before litigation starts.

Members of the House Commerce and Finance Policy Committee pressed Attorney General Keith Ellison and Deputy Attorney General Jessica Whitney on March 11 about deed theft, false liens and scams that target homeowners’ titles.

Ellison told the committee the office regards deed theft as a serious problem that has received increased attention but said it has not yet received a high volume of direct complaints from Minnesota residents. Deputy Whitney said deed fraud appears more prevalent on the U.S. coasts but that “I think it's moving our way.” She described the issue as closely tied to identity theft and public online records that make it easier for bad actors to find targets.

Committee members also raised concerns about fragmentation across state agencies. Representative Hewitt described a multi‑agency complaint involving a “builder gone bad” and asked whether state offices operate in silos. Ellison and Whitney said the agencies and the AG’s office regularly consult; they noted, however, that before a matter reaches litigation the file may remain within an agency and the AG’s office might not be aware of it until the agency seeks civil litigation support. Ellison said: “If the complaint was made, somebody's working on it. I just need to know a little bit more about it to even give you an idea of where we are in the process.”

Why it matters: Deed fraud and false liens can lock homeowners out of property rights or saddle them with encumbrances. Committee members stressed the need to reduce shame and underreporting and to consider whether investigative responsibilities should be centralized or better coordinated among agencies; Representative Elkins and others asked whether the Bureau of Criminal Apprehension (BCA) should handle fraud investigations rather than multiple agencies.

Ellison offered to supplement the committee with a more detailed briefing and to follow up on whether the AG’s office has received specific deed‑fraud complaints referenced by members. He also said the office and agency partners meet regularly and sometimes hire third‑party administrators for complex restitution or claims distributions when large numbers of victims are involved.