deed theft

Deed Theft in New York: New Laws Enacted to Punish Perpetrators

February 6, 2025
Criminal Law, In The News, Legislation, Real Estate , , , , ,

By Jill K. Sanders, Esq.

When you own real estate, the deed is the legal document that proves you own that property. If a piece of real estate is sold, the deed must be signed by all parties to the transaction and recorded with the appropriate agency, such as the county clerk. However, whether through forgery or fraud, that deed can be manipulated and the rightful owner can lose ownership of their property. This is called deed theft, and it is a crime in New York.

 

What Is Deed Theft?

Deed theft can also be known as deed fraud or title theft. In essence, this is when a person steals the deed or title to a home without the rightful owner’s knowledge or consent. This can happen one of two ways: through forgery, or through fraud.

With forgery, the perpetrator puts the homeowner’s signature (i.e., a fake signature) on the deed, transfers ownership to another person, and files the deed with the county clerk. If the perpetrator uses fraud, the homeowner may sign documents they don’t understand or are given false promises from the perpetrator in order to have the deed signed over to another person.

 

New Deed Theft Criminal Laws

As of July 2024, the Penal Law amended the definition of larceny by adding “deed theft” as a method of unlawfully obtaining another person’s property. If a person commits this type of offense, the perpetrator will be charged as Grand Larceny, which is a felony.

  • First Degree Grand Larceny (class B felony): Theft from an elderly, disabled, or incapacitated person, or theft of three or more residential properties.
  • Second Degree Grand Larceny (class C felony): Theft of one residential property, a mixed-use commercial property with a residential unit, or two or more commercial properties.
  • Third Degree Grand Larceny (class D felony): Theft of a single commercial property.

Additionally, the New York State Attorney General’s Office now has jurisdiction to prosecute these cases alongside local district attorneys. Finally, the statute of limitation for such offenses can be initiated within five years of the theft, or two years after the homeowner discovers the theft.

 

Steps for Victims of Deed Theft to Take

Often times, those who are the targets of such schemes are already vulnerable. This includes individuals who have fallen behind on taxes, properties which are in foreclosure, or properties where someone has recently died. Additionally, abandoned or empty properties draw the attention of perpetrators looking to steal deeds.

If you suspect you’ve been the victim of this crime, you can:

deedtheft-NYAG handout

References:

Image: Image by rawpixel.com

Related Posts:

Jury Nullification: When Jurors Don’t Follow the Law

New NYS Guidelines for Cops Responding to Domestic Incidents

Use of Jailhouse Informants In Criminal Cases

Jury Hangs in Trial of Million Dollar Jewelry Heist