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NY A08863

Bill

Status

Introduced

6/9/2025

Primary Sponsor

Brian Cunningham

Click for details

Origin

Assembly

2025-2026 General Assembly

AI Summary

  • 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

  • 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

  • Permits victims to sue banks that negligently facilitate deed theft by providing loans to deed thieves without conducting reasonable due diligence on the property

  • Allows victims to sue title insurance corporations that negligently facilitate deed theft by providing coverage without properly investigating title ownership

  • 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

  • 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

Committee Referrals

Judiciary6/9/2025

Full Bill Text

No bill text available