New York recorded its first felony conviction under a new deed theft law, securing a responsible plea from an actual property agent.
Oscar Dais pleaded responsible Wednesday to stealing a Rockland County home-owner’s property by forging her signature, New York Attorney General Letitia James introduced. The agent dedicated forgery and violated the Home Equity Theft Protection Act (HETPA), a law handed final summer time.
“No New Yorker ought to should concern that the house they’ll personal can be stolen from them,” stated James in a press launch.
Dais solid the signature of Monique Hill in 2021 to take possession of her Rockland County residence whereas it was in foreclosures, prosecutors stated. Dais solid her signature utilizing Hill’s former married identify on a deed and had it falsely notarized. As the true property agent transferred possession of the property to an organization he managed, Hill, who was within the Dominican Republic on the time, was unaware.
The home-owner reported the fraudulent deed with the New York lawyer normal in October 2021, and her civil go well with in opposition to Dais stays pending. The fraudulent deed has been voided, and Dais should pay restitution to Hill, prosecutors stated.
New York’s stronger deed theft legal guidelines
State lawmakers sought to bolster authorized protections in opposition to deed theft in 2023, following 1000’s of complaints, largely from the New York City metro, prior to now 10 years. Prior to the law, deed theft itself was not a criminal offense, and defendants have been charged with different fraud counts.
HETPA protects householders promoting their property in foreclosures or default to a purchaser who needs to buy it as an funding, and requires contracts that sellers have a proper to cancel.
The laws was expanded in 2023 to guard householders with energetic utility liens on their properties. It features a five-year statute of limitations from when the deed theft allegedly passed off, or two years from the time the rightful home-owner realizes the crime occurred — whichever occurred later.
James herself is going through scrutiny over her actual property dealings because the Department of Justice is shifting forward together with her mortgage fraud investigation, in keeping with a Bloomberg report Thursday. U.S. Federal Housing Director Bill Pulte has beforehand urged the prosecutor could have deceived the federal government by misrepresenting her residence standing on residence mortgage functions.
