A week ago on Nextdoor social media app, this message was posted:
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• •Scams are on high speed. Be aware of tittle/deed fraud. Pay attention to your house status.
The problem of deed fraud has become endemic in New York. Perpetrators of fraudulent deed transfers have swindled tens of thousands of homeowners out of their homes in the past few years, and the modus operandi of the perpetrator has become all too familiar. The scheme works like this: the culprit forges a homeowner’s signature on a deed which transfers title of the property to a new owner. The forged signature is then notarized in one of three ways: (1) bribing the notary agent to affix their stamp without checking state-issued ID; (2) employing a notary agent to perpetrate illegal activity; or (3) showing the notary public a fake ID in the name of the homeowner. If you have ever needed to get a document notarized, you probably remember the process as being a quick one. The agent’s duty is to simply check your ID – not verify its authenticity.
Deed fraud involves the transfer of title of a house, condo or co-op to a new owner. Although co-op stock transfers are less common, due to the heavy involvement of the building’s board and management in the transfer process, it still happens and often to the elderly or by family members. For condo, residential and commercial properties, the transfer process is simple. The culprit needs a signed deed by the previous owner, a notary public stamp, less than $200 to record the deed with the city register office, and he is the new owner of the property! The burden then turns to the previous homeowner to prove to the courts by clear and convincing evidence that the transfer was in fact fraudulent. Deed litigation requires money, health and time, and this is why the elderly or the low income are the most preyed upon. If you are a victim of deed fraud or simply taking precautions, read on below on how to be on the lookout.
Searching ACRIS
The simplest and easiest way to check who is the record owner of a particular property is through the Automated City Register Information System (ACRIS). You can view deed images for properties located in Brooklyn, Manhattan, Queens and the Bronx, from 1966 to the present. This is the database for all deeds recorded in the four boroughs. Any property that was sold or transferred to a new owner from the year 1966 should have been recorded with the city register office, which in return shows up on ACRIS. The system is very user friendly in that you can search using the name of the owner or the property’s block and lot number.
If your search reveals an unauthorized transfer of ownership, contact a lawyer immediately. The statute of limitation to file a lawsuit to void the new deed based on fraud must be commenced within six years from the date of transfer. However, if you recently discovered the fraud and more than six years have passed since the transfer, you can still file a quiet title action within two years of discovery.
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