New state law that AG Letitia James pushed aims to combat deed theft

Attorney General Letitia James reminded New Yorkers that a new law establishing deed theft as a crime and expanding the Office of the Attorney General’s (OAG) ability to prosecute deed theft has taken effect.

The legislation, which was co-authored by James and sponsored by State Sen. Zellnor Myrie and Assemblymember Landon C. Dais, establishes deed theft as a crime, amends the statute of limitations to give homeowners and prosecutors more time to seek justice, and grants OAG original criminal jurisdiction to prosecute deed theft. 

This is James’ latest effort to protect New Yorkers from deed theft, a criminal scam that robs New York families of their homes and livelihoods.

James said deed theft occurs when someone takes the title, or deed, to another person’s home without the homeowner’s knowledge or approval. She noted that it disproportionately impacts elderly homeowners and homeowners of color, especially New Yorkers in gentrifying neighborhoods who live in homes that have significantly increased in value over the years.  

Last year, James championed legislation sponsored by State Sen. Brian Kavanagh and Assemblymember Helene Weinstein to enhance civil deed theft protections by empowering the attorney general and local district attorneys to pause related eviction and ownership dispute proceedings and expand the list of crimes that allow prosecutors to invalidate fraudulent sale and loan documents, among other measures. That law went into effect in December 2023.  

New Yorkers who believe they are a victim of deed theft are encouraged to contact OAG by calling 800-771-7755, emailing [email protected], or filing a confidential complaint. 

“Deed theft is a merciless crime that robs New Yorkers of their homes, communities, and financial stability,” said Attorney General James. “By making deed theft the crime we know it to be, this law gives my office and district attorneys more power to stop these scammers from taking advantage of hardworking people. 

“When the Senate held our hearing on deed theft in 2022, we heard in detail just how easy it is for scammers to prey on unsuspecting homeowners, and how difficult it can be to obtain justice,” said Myrie, who represents the 20th Senate District in Brooklyn. “Communities like mine in Central Brooklyn are particularly vulnerable. I’m grateful for Attorney General James’ partnership in strengthening our laws to prosecute deed theft and protect New Yorkers’ homes.”

“When elected to the 77th Assembly District, I promised I will do my best to protect the residents of my district. My promise was a main motivation in sponsoring the Deed Theft Bill with State Senator Myrie and Attorney General James,” said Assemblymember Dais. “This landmark bill will protect the homeowners in my district and across the great state of New York from con artists that are specifically targeting the seniors that own homes.

Under previous law in New York state, deed theft itself was not a crime. This law amends penal law to make deed theft a form of grand larceny, extends the statute of limitations to allow for more time to identify and investigate cases, and grants OAG the original criminal jurisdiction to prosecute deed theft crimes alongside district attorneys statewide. 

The attorney general said these new criminal provisions will increase enforcement opportunities and help keep New Yorkers in their homes. 

This is the latest action James has taken to combat deed theft. In July 2024, Attorney General James announced the conviction and sentencing of Marcus Wilcher, the leader of a Queens deed theft ring that sold three homes without the knowledge of the rightful property owners and pocketed over $1 million. 

In June 2023, James applauded the passage of her legislation, cosponsored by State Sen. Brian Kavanagh and Assemblymember Helene Weinstein, which reformed New York’s civil laws to provide more tools to prevent deed theft. 

In July 2023, Attorney General James announced the indictment of a Long Island man for deed theft for allegedly stealing two homes in Harlem, which had a combined estimated value of more than $4.7 million during the relevant times of possession. 

In February 2021, James announced an $800,000 grant, funded by Office of the Attorney General (OAG) settlements, to the New York City Department of Housing Preservation and Development and the Center for New York City Neighborhoods as part of a program aimed at increasing awareness of deed theft in vulnerable neighborhoods. 

In January 2020, Attorney General James launched the Protect Our Homes initiative and announced the formation of an interagency law enforcement task force to respond to Deed Theft and other real estate fraud.  

The Homeowner Protection Program, a network of housing counselors and legal services providers throughout New York supported by OAG, offers free housing counseling and legal assistance statewide. Homeowners can contact HOPP online or call 1 (855) 466-3456 to get help.