Deed Theft in NYC: What It Is, Why It’s a Crime, and How Fast It’s Being Prosecuted

What Is “Deed Theft” Under NY Law?

Deed theft occurs when a thief takes the title to a home without the homeowner’s knowledge or approval.

The two most common forms of deed thefts are:

• Forgery: A thief fakes a homeowner’s signature on a deed and files it with the county clerk.
• Fraud: A homeowner signs their deed over to a thief without realizing what they are signing. Oftentimes the thief makes false promises to help the homeowner.

Under New York Penal Law § 155.05, NYC prosecutors interpret "fraudulent transfer" in deed theft cases as conduct where a person "intentionally alters, falsifies, forges, or misrepresents any written instrument involved in the conveyance or financing of real property, such as a residential or commercial deed or title, with the intent to deceive, defraud, or unlawfully transfer or encumber the ownership rights."

Deed Theft Examples

Taking Over a Property After the Owner Dies.

• What it is: You find a house where the owner died years ago. It looks abandoned, so you move in or start using the property as your own.
• Why it can be a crime: It’s still owned by someone. When a person dies, their property doesn't just become free for the taking. It belongs to their "estate." An estate is all the money and property someone owned when they died. A special court, called the Surrogate's Court, is in charge of figuring out who gets the property, either by following the person's will or the law.
• This is Criminal Trespass: Going onto someone else's property without permission is called trespassing. Since the property is owned by the estate, entering it without the court's or the family's permission is illegal. New York law says a person is guilty of criminal trespass if they "knowingly enter or remain unlawfully" on property.

Filing a Quitclaim Deed Without a Formal Court Process (Probate)

• What it is: A quitclaim deed is a legal paper that transfers a property from one person to another. Someone might create a quitclaim deed to transfer a deceased person's house to themselves, skipping the official court process called probate.
• Why it can be a crime: This is Forgery. To legally transfer a dead person's property, you must have permission from the Surrogate's Court. If you create or sign a deed on behalf of a deceased person to take their property, you are creating a fake legal document.
• It's a Serious Crime: In New York, creating a fake deed with the "intent to defraud, deceive or injure another" is considered forgery in the second degree. This is a felony, which is a serious crime.

Notarizing a Deed Without the Person Being There

• What it is: A notary public is a person licensed by the state to witness signatures on important documents to make sure the person signing is who they say they are. This action is about a notary putting their official stamp on a deed without the person who is giving away the property (the "grantor") actually being there to sign it in front of them.
• Why it can be a crime: It's Notary Fraud. The whole job of a notary is to prevent fraud by personally witnessing the signature. If they notarize a document without seeing the person sign it, they are not doing their job correctly and are breaking the law.

• It's a Misdemeanor: New York law says that a notary who engages in "any fraud or deceit" in their job is "guilty of a misdemeanor." A misdemeanor is a crime, though usually less serious than a felony. This helps prevent people from stealing property with fake signatures.

Deed Theft Used to Be Rarely Prosecuted. That’s Changed

Prosecutors Can Now Pause Evictions During Investigations 

If a law enforcement agency is investigating a potential deed theft, they can now ask a judge to press "pause" on any other court cases that involve that same property. This includes pausing foreclosure proceedings, eviction notices, or any other legal disputes about who owns the property.This ensures that a homeowner isn't unfairly kicked out of their house or loses their property while the authorities are still working to sort out the fraud.

Source: Governor Hochul Signs Legislation to Protect New York Homeowners From Deed Theft

Attorney General Can File Criminal Charges Directly

This new legislation, created by Attorney General James with sponsorship from State Senator Zellnor Myrie and Assemblymember Landon C. Dais provides significant new protections for homeowners against deed theft. For the first time, the law officially defines deed theft as a crime, classifying it as a form of grand larceny (a felony).The OGA now has the authority to directly prosecute these crimes anywhere in the state, working alongside local District Attorneys. This allows for more resources and a coordinated effort to combat deed theft rings.

Source: Attorney General James Announces New Protections Against Deed Theft

Filing a Fraudulent Deed = Grand Larceny, Forgery, Mortgage Fraud

On August 7th, 2025, the New York State Attorney General James announced the first indictments under New Deed Theft Law. Deepa Roy and Victor Quimis were indicted on four counts of Grand Larceny in the First Degree, two counts of Offering a False Instrument for Filing in the First Degree, Residential Mortgage Fraud in the Second Degree, Money Laundering in the Second Degree, two counts of Criminal Possession of a Forged Instrument in the Second Degree, and Scheme to Defraud in the First Degree.

Sources: Attorney General James Announces New Protections Against Deed Theft and Attorney General James Announces First Indictments Under New Deed Theft Law

Statute of Limitations Extended

This new law changes the statute of limitations to prosecute deed theft crimes so that prosecution must begin within five years of the theft or within two years after the rightful homeowner realizes their deed has been stolen, whichever occurs later.

Source: Attorney General James Announces New Protections Against Deed Theft

Real-World Charges Include Money Laundering and Conspiracy

The recent indictments reveal a significant strategic evolution in how New York prosecutors are combating property fraud. The approach has moved beyond charging the singular act of forgery to dismantling the entire criminal operation by leveraging a suite of sophisticated financial crime statutes. 

Here is a more detailed breakdown of this strategic shift:

• Targeting the Profit Motive with Money Laundering Charges: Prosecutors are now consistently including charges for Money Laundering. This is a crucial development since it allows prosecutors to follow the money trail after the deed has been stolen. Deed theft is rarely about simply acquiring property; but rather profiting off the home. By charging money laundering, prosecutors can target the fraudulent mortgages and sales used to obtain the stolen equity into cash. This charge is essential for proving the financial motive of the enterprise and opens the door for asset forfeiture, allowing authorities to seize the criminal proceeds.
• Dismantling the Network with Conspiracy Charges: The inclusion of Conspiracy charges demonstrates an understanding that deed theft is not a solo crime. These schemes rely on a network of corrupt actors, which may include fraudulent notaries, complicit real estate professionals, straw buyers, and ringleaders. A conspiracy charge is the legal tool that connects these individuals together, holding all members of the network responsible for the actions of their co-conspirators. It allows prosecutors to indict the entire operational chain, rather than just the individual who forged a signature, thereby disrupting the criminal ecosystem that enables these frauds.
• Anticipating Future RICO Prosecutions: While the Attorney General's recent press releases on deed theft have not yet explicitly mentioned charges under the Racketeer Influenced and Corrupt Organizations (RICO) Act, the structure of these criminal rings makes them prime targets for such prosecutions. A deed theft operation functions as a classic "enterprise" engaged in a "pattern of racketeering activity." The underlying felonies such as mail fraud (mailing fraudulent documents), wire fraud (electronic communications to secure loans), and bank fraud (defrauding a financial institution) are all predicate acts under RICO. A future shift toward RICO charges would represent a major escalation, carrying severe penalties and powerful forfeiture provisions designed to permanently dismantle the entire criminal organization.

How Many People Are Getting Caught?

Nationwide, from 2019 through 2023, 58,141 victims reported $1.3 billion in losses relating to real estate fraud, with the FBI Boston Division alone recording 2,301 victims who lost more than $61.5 million during the same period.

More specifically, in New York:

• From 2014 to the present, the New York City Sheriff's Office counted nearly 3,500 complaints of deed theft throughout New York City, with more than 1,500 complaints in Brooklyn and 1,000 from Queens.
• Deed theft disproportionately impacts elderly homeowners and homeowners of color, especially Black and Brown homeowners in gentrifying neighborhoods.
• Rapidly-gentrifying communities of color in Brooklyn are the epicenter, with areas like Bedford-Stuyvesant, Crown Heights, and other neighborhoods being targeted.

Recent Cases

People of the State of New York vs. Marcus Wilcher

• Ruling: Marcus Wilcher, the leader of a sophisticated deed theft ring, pleaded guilty to Grand Larceny in the Second Degree. He was sentenced in Queens Supreme Court to three to nine years in prison for stealing at least five homes from vulnerable residents in Queens and pocketing over $1 million from their fraudulent sales.

Key Takeaways:

• Targeting the Vulnerable: The criminal enterprise, led by Wilcher, systematically targeted homes belonging to the elderly, disabled, or their estates. They specifically looked for properties that were in rundown condition or had absentee owners, primarily in the Jamaica, St. Albans, and East Elmhurst neighborhoods of Queens.
• Sophisticated Fraudulent Scheme: Wilcher's ring used a multi-layered approach to commit the fraud. After identifying a target property, they would illegally obtain the true owner's personal information, such as Social Security numbers and dates of birth, to create high-quality forged documents like driver's licenses. They then used imposters to impersonate the legitimate homeowners at contract signings and closings, deceiving investors into purchasing the properties.
• Professional Collusion: The scheme involved several co-conspirators, including a disbarred attorney, Anyekache Hercules, and a former mortgage broker, Stacie Saunders, who marketed the stolen homes to investors at below-market rates for quick sales.
• Significant Financial Gain: The ring successfully and fraudulently sold five homes, generating over $1 million in illicit proceeds, which were then laundered through various bank accounts. Wilcher was found to have personally controlled accounts that received more than $500,000 of the stolen funds.

Legal Standards Applied:

• Grand Larceny in the Second Degree (N.Y. Penal Law § 155.40): Wilcher pleaded guilty to the top count of Grand Larceny in the Second Degree. This charge applies when the value of the stolen property exceeds $50,000. In this case, the value of each of the stolen homes far exceeded this threshold, making it the appropriate top charge for the indictment.
• Joint Prosecution: The conviction was the result of a joint investigation and prosecution by the Office of New York State Attorney General Letitia James and the Queens District Attorney Melinda Katz, whose office created a dedicated Housing and Worker Protection Bureau to combat such crimes. The sentences for the various thefts are set to run concurrently.

United States vs. Jeffrey M. Young-Bey, 21-CR-661 (CKK)

• Ruling: Following a jury trial, Jeffrey M. Young-Bey was found guilty on February 12, 2024, of twelve federal charges for his leadership role in a scheme to fraudulently gain control of and sell residential properties belonging to deceased homeowners. On July 11, 2025, U.S. District Judge Colleen Kollar-Kotelly sentenced him to 138 months (11.5 years) in federal prison. The scheme generated more than $850,000 in fraudulent proceeds.

Key Takeaways:

• Targeting Estates of the Deceased: The conspiracy, which began in November 2019, specifically identified and targeted properties in Washington, D.C., and Maryland where the legitimate owners had passed away, exploiting the lack of immediate oversight on these estates.
• Sophisticated Forgery and Use of Shell Companies: Young-Bey and his co-conspirators created and filed fraudulent deeds with government recording offices. These documents contained forged signatures of the deceased owners and fraudulent notary attestations to appear legitimate. The properties were then transferred into shell companies controlled by the conspirators.
• Fraudulent Loans and Sales: After gaining fraudulent title, the conspirators sold the properties to third-party buyers. In some instances, they also obtained fraudulent loans against the properties, including a COVID-19 relief loan under the Paycheck Protection Program (PPP).
• Aggravated Identity Theft as a Key Charge: A critical component of the prosecution was the repeated use of the deceased homeowners' identities to execute the fraud. This led to five separate counts of aggravated identity theft, a charge that carries a mandatory consecutive prison sentence and significantly increased his total sentence.

Legal Standards Applied:

• Conspiracy to Commit Mail and Bank Fraud (18 U.S.C. § 1349): The prosecution proved that Young-Bey entered into an unlawful agreement with others to commit mail and bank fraud. The evidence demonstrated a coordinated scheme to use the mail and private carriers to file fraudulent documents and to deceive federally insured financial institutions.

Common Myths That Won’t Protect You

Many people think these excuses will protect them from criminal charges. They won't.

"The property was abandoned"

• Why this doesn't work: When someone dies, their property doesn't become "abandoned." It belongs to their estate until a court decides who gets it. Taking over the property is still trespassing and theft, even if it looks empty.

"They told me I could take it"

• Why this doesn't work: Only the real owner (or the court handling their estate) can give permission. If someone lies and says they own the property, you're still committing a crime by helping them steal it. The law doesn't protect people who don't check if the person really owns what they're giving away.

"I just helped with the paperwork"

• Why this doesn't work: Helping with fake documents makes you part of the conspiracy. It doesn't matter if you didn't come up with the plan. If you knowingly help create or file false deeds, you can be charged with forgery, conspiracy, and other serious crimes.

"They're my uncle—they didn't mind"

• Why this doesn't work: Family relationships don't change property law. If your uncle didn't legally own the property or didn't have the right to give it to you, it's still theft. Being related to someone doesn't give you the right to take their property without following proper legal procedures.

"I thought it was legal"

• Why this doesn't work: Not knowing the law isn't a defense. If you participate in transferring property without proper legal procedures, you can still be charged. The courts expect people to verify ownership and follow legal requirements before taking someone's property.

"I was just the notary"

• Why this doesn't work: Notaries have a legal duty to verify the identity of people signing documents and to make sure they're signing willingly. If you stamp documents without the real owner present, or if you know the signature is fake, you're committing notary fraud—a crime that can result in jail time.

How to Avoid Getting Caught Up in a Deed Theft Investigation

1. Don't File Deeds Without Legal Advice

Never sign or file any deed without having a qualified attorney review it first. Deeds are permanent legal documents that transfer ownership of your property. Once filed, they can be extremely difficult and expensive to undo. Scammers often pressure people to sign quickly or claim "it's just paperwork." Always take time to have a lawyer explain exactly what you're signing and what it means for your ownership rights.

2. Never Notarize Something You Didn't Witness

If you're a notary public, only notarize documents when you personally witness the person signing. Never notarize a document that was signed before you arrived or when the signer isn't present. This is not only illegal but also enables deed theft. Fraudsters often use fake or corrupt notarizations to make their forged documents look legitimate.

3. Be Cautious with Off-Market Property Deals

Be extremely wary of anyone approaching you with unsolicited offers to buy your property, especially if they:

• Offer cash deals that seem too good to be true

• Pressure you to sign immediately
• Claim you're in financial trouble and they're "helping" you
• Ask you to sign documents to "save" your home from foreclosure
• Promise to let you stay in your home after the sale

4. Understand These Common Scam Tactics:
   
   1. Title Jumping: When someone transfers a deed multiple times quickly to hide the theft
   2. Quitclaim Deed Misuse: Scammers trick people into signing quitclaim deeds by claiming they're just "paperwork" when they actually transfer full ownership
   3. Fraudulent Family Transfers: Family members or caregivers who forge signatures or manipulate elderly or vulnerable relatives into signing over their property

Bottom Line: When in doubt, consult with an experienced attorney before signing any property-related documents. 

What to Do If You’re Contacted by Law Enforcement

While deed theft and home title theft represents a rather newer area of criminal law, the same time-tested principles remain the same.

If contacted by law enforcement, you should not speak with them. Rather, you should get in touch with an experienced criminal defense attorney, preferably one with experience as a prosecutor, who can guide the investigatory process.

Moreover, as it pertains specifically to these crimes, a defense attorney will first assure that all documentary evidence is preserved - this could be wills, mortgages, deeds, and other paperwork pertaining to title and ownership of a property.

What Seems “Normal” Could Be Criminal

Did you:

• file a quitclaim deed for a property where the owner wasn’t around?
• help a family member “take back” a house in their name?
• notarize a document without the grantor physically present?
• take over an abandoned property without a formal title search?

Under New York's new laws, any of these moves could trigger a criminal investigation. Even if it happened years ago. Even if no one complained yet.

Deed theft is now treated as a felony in NYC, often charged as Grand Larceny, Forgery, or Mortgage Fraud.

If law enforcement has reached out or if you’re second-guessing a past property deal, don’t wait. Talk to a defense attorney before answering any questions.