By Hank Russell
A New York attorney is offering solutions on how the state can crack down on scammers who commit deed theft and allow homeowners to keep their homes after the governor made a funding announcement in combating this crime that is becoming more prevalent.
Governor Kathy Hochul recently met with homeowners in Brooklyn, announcing that she secured $4.5 million for enforcement, community outreach and education activities related to preventing and combating deed theft. Additionally, the FY27 Budget includes $40 million for the Homeowner Protection Program (HOPP) to support a statewide network of housing counseling and legal services organizations that provide free assistance to homeowners.
The Homeowner Protection Program is administered by the attorney general’s office.
“Owning a home is the cornerstone of the American Dream, and every New Yorker deserves a chance to build that foundation for their family,” Hochul said. “Vulnerable homeowners are being targeted by fraudsters, and as governor, I will not stand for this and remain committed to protecting homeowners, especially our most vulnerable ones, from this despicable crime.”
According to the governor’s office, since Hochul took office, the state has provided a total of nearly $200 million, which funds critical services for 20,000 at-risk homeowners each year.
New York Attorney General Letitia James said, “From prosecuting scammers who target vulnerable homeowners to passing legislation to make it easier to stop foreclosures and evictions to creating the Homeowner Protection Program, my office has been on the front lines of the fight against deed theft.”
Statistics show that deed theft is becoming a growing problem:
- Nearly 3,500 deed theft complaints were filed statewide between 2014 and 2023
- An additional 517 complaints were reported in 2025 alone, with concentrations in Brooklyn and Queens
- Nationally, 63% of REALTORS® report deed theft activity in their markets — rising to 92% in the Northeast
- 12% of cases involve owner-occupied homes
Tanya Hobson-Williams, a New York-based elder law and Article 81 guardianship attorney with Hobson-Williams, P.C., applauded Hochul, James and the state Legislature for “recognizing deed theft as a serious threat to homeownership, generational wealth, and community stability.”
Most people believe that deed theft is just a property crime, but Hobson-Williams said it is more than that. “In practice, it is often a form of elder abuse and financial exploitation.”
Those who have been scammed include those with cognitive decline, dementia, Alzheimer’s disease and/or mental illness; shut-ins and those who are physically frail, Hobson-Williams said. She also noted that the scammers are usually someone the victim knows — a relative, acquaintance or caregiver. She has seen this firsthand, having successfully represented a senior with dementia who had her Brooklyn property sold using a defective Power of Attorney by one of her sons. The judge issued an order returning the property back to the client, finding that the alleged purchaser was not a bona fide buyer for value for that senior’s property.
“These homeowners are often unable to fully understand legal documents presented to them and may be manipulated through undue influence, deception, intimidation, or outright forgery,” Hobson-Williams said.
Last year, Hochul strengthened important cease-and-desist zone notification procedures and strengthened laws and policies to combat home appraisal discrimination. The law further enables the Department of State (DOS) to fine appraisers for violations, in addition to other existing remedies, with half of those fines going to a fund to support fair housing enforcement.
Additionally, in 2024, Hochul signed into law creating the crime of deed theft in the larceny statute for the first time and providing prosecutors stronger tools to crack down on such crimes, in partnership with the AG’s office. The law also created additional preventative measures to protect inherited property by prohibiting non-heirs from forcing partition sales, giving heirs a right of first refusal to match an external offer to buy out another heir, and allowing for Transfer on Death Deeds in lieu of formal wills, providing tools to help safeguard generational wealth.
In 2023, Hochul signed legislation that empowers the AG, local DAs, and other law enforcement investigating or litigating deed theft to move to stay any legal proceeding where possession or title to a property is at issue — including foreclosures, evictions and ownership disputes — and requires courts to grant the stay if investigations are ongoing or the government has initiated civil or criminal actions.
Upon finding probable cause or filing criminal charges, the AG and district attorneys may now file a notice of pendency as a “red flag” to make buyers and lenders aware of title issues to help stop further transactions from happening. The legislation also expanded the ability of prosecutors to void fraudulent instruments affecting ownership of and interests in property by adding to the list of crimes that can be the basis for voiding the instruments and, for the first time, allowing the AG to do so in addition to district attorneys.
The governor further took executive action to adopt stronger DOS regulations to reduce the possibility of fraud by notaries. These regulations set high verification standards that notaries must meet before performing a notarial act. These records provide a reliable paper trail, which can be used to investigate wrongdoing in the event of deed theft.
Hobson-Williams said these are all laudable moves by the state, but added more can be done.
“Equally important is recognizing that cognitively impaired homeowners are disproportionately vulnerable because they may lack the capacity to appreciate the consequences of transferring ownership of their homes,” she said.
“The state’s investment in enforcement and homeowner education is critical,” Hobson-Williams continued. “However, prevention should also include greater public awareness regarding the warning signs of cognitive decline, mandatory reporting mechanisms for suspected exploitation, enhanced scrutiny of real estate transactions involving vulnerable adults, and increased training for notaries, title companies, and real estate professionals to identify red flags associated with diminished capacity and undue influence.”
In addition to enforcement, Hobson-WIlliams said that what is key is “continued collaboration among courts, prosecutors, guardians, elder law practitioners, housing advocates, and community organizations will be essential to protecting New York’s most vulnerable homeowners.”