New York records first criminal conviction for deed theft

New York recorded its first criminal conviction under a new deed theft law, securing a guilty plea from a real estate agent. 

Oscar Dais pleaded guilty Wednesday to stealing a Rockland County homeowner's property by forging her signature, New York Attorney General Letitia James announced. The agent committed forgery and violated the Home Equity Theft Protection Act (HETPA), a law passed last summer.

"No New Yorker should have to fear that the home they will own will be stolen from them," said James in a press release. 

Dais forged the signature of Monique Hill in 2021 to take ownership of her Rockland County home while it was in foreclosure, prosecutors said. Dais forged her signature using Hill's former married name on a deed and had it falsely notarized. As the real estate agent transferred ownership of the property to a company he controlled, Hill, who was in the Dominican Republic at the time, was unaware. 

The homeowner reported the fraudulent deed with the New York attorney general in October 2021, and her civil suit against Dais remains pending. The fraudulent deed has been voided, and Dais must pay restitution to Hill, prosecutors said. 

New York's stronger deed theft laws

State lawmakers sought to bolster legal protections against deed theft in 2023, following thousands of complaints, largely from the New York City metro, in the past 10 years. Prior to the law, deed theft itself was not a crime, and defendants were charged with other fraud counts.

HETPA protects homeowners selling their property in foreclosure or default to a buyer who wants to purchase it as an investment, and requires contracts that sellers have a right to cancel. 

The legislation was expanded in 2023 to protect homeowners with active utility liens on their properties. It includes a five-year statute of limitations from when the deed theft allegedly took place, or two years from the time the rightful homeowner realizes the crime occurred — whichever occurred later. 

James herself is facing scrutiny over her real estate dealings as the Department of Justice is moving ahead with her mortgage fraud investigation, according to a Bloomberg report Thursday. U.S. Federal Housing Director Bill Pulte has previously suggested the prosecutor may have deceived the government by misrepresenting her residence status on home loan applications.