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NY A08863
Bill
Status
6/9/2025
Primary Sponsor
Brian Cunningham
Click for details
AI Summary
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Creates a private right of action allowing victims of deed theft to sue individuals or entities that unlawfully take, transfer, or encumber residential or commercial property through fraud, forgery, or deception
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Defines deed theft to include forging or falsifying deeds, misrepresenting oneself as a property owner, obtaining title through fraud or false pretenses, and failing to disclose material information to induce unfair property transfers
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Permits victims to sue banks that negligently facilitate deed theft by providing loans to deed thieves without conducting reasonable due diligence on the property
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Allows victims to sue title insurance corporations that negligently facilitate deed theft by providing coverage without properly investigating title ownership
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Awards treble damages and attorneys' fees against direct deed thieves, and against banks or title insurers when knowing or reckless facilitation is proven by preponderance of evidence; regular damages and fees available for negligent facilitation
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Takes effect 90 days after becoming law
Legislative Description
Establishes a private right of action for deed theft; provides that victims of deed theft may maintain an action against a deed thief or a bank or title insurance corporation that provides a loan or title insurance policy that assists in the commission of deed theft; authorizes victims of deed theft to recover treble damages and attorneys' fees; defines terms.
Last Action
referred to judiciary
1/7/2026