Deed theft

Who is at risk of deed theft?

Any homeowner can be a victim of deed theft, but criminals primarily target:

• abandoned or empty properties
• properties in foreclosure
• properties with tax or utility liens
• properties where the homeowner is deceased 
• and the heirs do not legally transfer title to the property

Scammers also target seniors, immigrants, and people of color. If you are having financial problems or facing foreclosure, contact the Homeowner Protection Program (HOPP) at 855-466-3456. 

Transfer-on-death deed

New York state recently passed a law permitting transfer-on-death deeds. These simple deeds allow New Yorkers to name who will inherit their property when they die. This can be helpful if a homeowner does not have a will. A transfer-on-death deed can help avoid property scams like deed theft.

The homeowner maintains control of the property until their death. Transfer-on-death deeds are revocable until that point. The transfer-on-death deed must be filed with the county clerk before the homeowner’s death.

Tips for all homeowners

• Get help from your own lawyer or through free services, like HOPP. Do not hire a lawyer referred to you by someone who might have an interest in your property, such as a realtor.
• Legitimate organizations will not ask you to transfer your property rights, or promise that you will be able to buy back your property. 
• Beware of upfront fees for a loan modification. These are almost always illegal. 
• Never transfer your deed or ownership of your property without your own attorney’s advice. 
• Get help from your own lawyer or through free services, like HOPP. Do not hire a lawyer referred to you by someone who might have an interest in your property, such as a realtor.
• Legitimate organizations will not ask you to transfer your property rights, or promise that you will be able to buy back your property. 
• Beware of upfront fees for a loan modification. These are almost always illegal. 
• Never transfer your deed or ownership of your property without your own attorney’s advice. 
• Have a will. Deed thieves often target homes where the owner died many years ago and their heirs did not transfer the title.
• Do not abandon your property. Take care of it yourself or ask someone else to look after it. 
• Read everything. Never sign anything you do not understand.
• Keep up with your property payments, including your mortgage, property tax, and utility payments. Reach out to HOPP if you are unable to make your payments
• Contact your local county clerk to check on your property records.

Tips for New York City homeowners 

• Get notified of legal changes to your property by email or text message. The Recorded Document Notification Program sends alerts about any legal changes, like ownership of a property. Sign up at the New York City notification site.
• If you stop receiving your property tax and water bills or if your utility bills increase suddenly, visit the Department of Finance site call 311. 
• Check your property records yearly. Log onto the Automated City Register Information System to check if someone has filed a deed or mortgage on your property. 

Victim of deed theft?

• File a complaint with law enforcement – either OAG or your local district attorney’s office.
• Contact an independent attorney. If you do not have your own lawyer, the HOPP network has lawyers who provide free counseling and legal assistance.
• If you are being evicted in housing court by a scammer, you can ask the judge to stay (or pause) the eviction proceeding for 90 days to file a case in the right court to challenge ownership. This is provided for in the Real Property Actions and Proceedings Law section 756-A.