Proactive solutions to address the ever-present threat of deed fraud were discussed by expert panelists during the 2025 Property Records Industry Association (PRIA) Winter Symposium in March.
One of the solutions gaining traction in the heartland is the implementation of biometric security measures to stop fraudsters in their tracks.
During the PRIA conference hosted in San Antonio, Texas, panelists presented findings from a variety of fraud cases, as well as their proposed strategies for fighting back. TerriLois Mashburn, register of deeds for Leavenworth County, Kan., who hosted the presentation, is no stranger to fighting deed fraud.
Throughout her tenure as an elected register of deeds, Mashburn has spearheaded an initiative to digitize outdated microfilm records and discuss how to deal with ransomware attacks on land records. She’s also worked to introduce biometrics to the recording process – particularly, face-scanning photography on self-imposed liens – to ensure safe property transactions.
Mashburn cited a troubling recent trend of criminals impersonating notaries and property owners with photographs or “deepfakes” – imagery generated with artificial intelligence (AI) – during remote real estate closings.
“The quality of the (biometric) camera isn’t just that it takes a picture. You can put a flat picture in front of the camera that might look like someone, but the power of this camera is that it maps your face,” Mashburn said. “The depth of your eye socket, the bridge of your nose, the length of your chin – it's all unique to you, so no one else can look like you.
“Criminals love the anonymity and they crave that,” she added. “We erase that by taking pictures.”
When she realized the potential applications of this technology to combat AI-enabled fraud, Mashburn explained how she took the idea to the Kansas Secretary of State’s office, which led to their notion of requiring two-tier authentication for notaries that work on real estate documents in the state of Kansas.
“And so that was the genesis of HB 2309,” Mashburn said.
Although the house bill intended to modernize notarization in notary public acknowledgements with biometric cameras and other security measures is likely at least two years from implementation, Mashburn said this was a hidden benefit, as it grants lobbyists more time to educate Kansas legislatorsw and the notaries the bill will impact. In the ideal version of this program’s implementation, registered notaries would have 3D biometric photographs when certifying with the Secretary of State’s office and held on file for verification purposes in case scammers attempt to impersonate them.
Preventing the impersonation of registered notaries, Mashburn emphasized, is the linchpin of defeating this particular brand of AI-enabled deed fraud. As an example, she pointed to a pilot program for biometric 3D cameras conducted in the Dominican Republic, in which it was found that when asked to verify their identities with the biometric equipment, fraudsters were immediately deterred.
“In the pilot project where these cameras were first tested in the Dominican Republic, they went to Western Union’s three worst fraud rate locations and what they found was that in 60 days, the fraud rate dropped 75 percent and they never caught one criminal, not one fraudster,” Mashburn said. “When the fraudsters saw the cameras, they just walked out of the line and left. They operate in the shadows and if they are going to be exposed, they don't want to participate.”
Biometric camera technology would be yet another layer of security already in place to authenticate ownership and prevent the recording of fraudulent deeds, Mashburn concluded. By working in conjunction with other private vendors and public agencies involved in accurately and ethically recording deeds, notaries equipped with the right tools could effectively fight back against constantly evolving fraud schemes.
“Just showing a camera and taking a picture, we think that’s going to scare off a lot of the would-be fraudsters,” Mashburn concluded. “So, working together all the industry participants from listing the property to recording the deed, we could actually erase how easy it is for fraud to happen right now. And we could protect our neighbors’ homes and their bank accounts and give them back their peace of mind.”
Presenting alongside Mashburn during the conference was Christopher Wright, recorder of deeds for Platte County, Mo., who shared his early experiences with deed fraud and argued in favor of a registry system that more actively addresses the threat.
“What we have currently is reactive. We have a record notification system. And I was a huge proponent of a record notification system,” Wright said. “But the problem with the record notification system is that it is reactive instead of proactive. The fraud has already happened to my constituent. So I said, ‘Let's create something that is proactive.’”
Following through on this instinct, Wright eventually implemented an opt-in biometric lien program that locks down a property, which only the original deed holder can unlock.
“The good thing about this program, it is a 100 percent opt-in program,” Wright said. “My constituents have come to me and said, ‘You know what? You’re not as crazy as I thought you were, and I would like to be a part of that.’ And they opt in 100 percent.”
Wright and Mashburn also detailed their close partnership on their respective initiatives – not a surprise, given the proximity of their counties. Mashburn noted that their local efforts could eventually lead to something greater. As of April 4, a third county in North Carolina has come on board and signed a contract to begin the self-imposed biometric lien process.
“Chris and I are hoping that we can start in the heartland and it'll grow out to the rest of America,” she said.
“I would like to see (fraud) mitigated before it even gets to my office,” Wright added. “This is a bold step of a young idealistic recorder who is trying to move forward. That's all it is. I don't have time to do it. My commissioners already keep me busy. But I'm willing to do it because it needs to be done. And I'm willing to take that step to protect my constituents.”