How title theft happens
In deed fraud, someone records a forged or fraudulently obtained deed that appears to transfer your property, then may borrow against it, sell it, or rent it out. Vacant homes, properties owned by older adults, and homes held in estates are frequent targets. In New York, a forged deed generally does not pass valid title, even to a later buyer who knew nothing of the forgery, but clearing the public record still takes formal action. Schemes in which an owner was tricked into signing, for example through a fake foreclosure rescue, can be treated differently from outright forgery.
Reporting and monitoring
Get a copy of the recorded document from the county clerk, or in New York City through the city's online land records system. Report the fraud to the police; in New York City, the Sheriff's Office investigates many deed fraud cases. New York City and many counties offer free alerts when a document is recorded against your property, and signing up helps catch later filings. Notify your title insurer if you have a policy, and any lender holding a mortgage on the property. Do not confront anyone occupying the property, and keep the deed, the notices you received, and proof of your ownership.
Clearing the title
Removing a fraudulent deed usually requires a court action, often a quiet title proceeding asking a judge to declare the deed void and direct that the records be corrected. A notice of pendency can warn others that title is in dispute while the case moves forward. New York has added measures aimed at deed theft in recent years, and a criminal case against the person responsible can sometimes help correct the record as well. Where a later buyer or lender is involved, the case becomes more complicated. In a first consultation we review the recorded documents and the chain of title, and plan the filings along with any occupancy or eviction issues.
