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The New York State Legislature has handed a invoice that enhances civil culpability for these accused of deed theft, whereas including protections in opposition to foreclosures and eviction when this crime is alleged.
Nonetheless, a second invoice that creates felony penalties stays into consideration.
If signed by Gov. Kathy Hochul, the laws that handed will halt foreclosures proceedings in circumstances the place the property’s title is in dispute, and take away good religion purchaser protections even the place the customer had no connection to the fraud. This invoice additionally halts any eviction continuing in circumstances the place the title is in dispute.
Whereas the laws was sponsored by State Senator Brian Kavanagh, D-Brooklyn/Manhattan and Assemblymember Helene Weinstein, D-Brooklyn, it was drafted with Legal professional Basic Letitia James.
“Owners hardly ever have any concept that they’re the victims of deed theft, and solely discover out when they’re pressured to endure humiliating and terrifying conditions to attempt to maintain their very own homes,” James mentioned in a press launch. “This laws will assist New Yorkers to combat again in opposition to deed theft, and can empower native officers to raised tackle this heartless and heinous crime.”
The invoice added language to current legislation that clarifies {that a} county’s district lawyer, the state lawyer normal and “any legislation enforcement company” could make a movement to void an “encumbrance” on the title, comparable to a lien that was created from the fraud.
“Deed theft is without doubt one of the main causes of wealth-stripping in our Black and Brown communities,” mentioned Christie Peale, CEO and govt director, Heart for NYC Neighborhoods. “It has denied many owners the flexibility to construct generational wealth.”
In December, James’ workplace indicted 5 individuals in a purported deed theft ring that netted over $1 million in proceeds. But, New York doesn’t have a legislation that defines deed theft as a particular crime.
The opposite invoice, which handed the State Senate on June 8 in a unanimous vote, has been despatched to the Meeting however no motion has been taken in that physique. It could create 4 courses of deed theft and set up it as a felony.
“Final fall, the Senate held a listening to on deed theft and heard straight from impacted householders about this pernicious crime that robs households of their belongings and fuels the exodus of longtime residents from communities like mine,” mentioned State Senator Zellnor Myrie, D.-Brooklyn, who’s the sponsor of the opposite invoice. “I am grateful to the Legal professional Basic and my colleagues for advancing this laws, and look ahead to passing extra payments to guard our weak neighbors.”
Deed theft is a nationwide downside, as a latest conviction in California confirmed.
Nonetheless no nationwide database of this crime exists. An try and create one was launched within the Home of Representatives in 2022 nevertheless it didn’t go additional.
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