Homeowner Rights Archives

January 24, 2024April 25, 2024

Guilty Pleas in Long Island: Heirs Recover Their Stolen Deeds

Two New Yorkers — and one is a former lawyer and a licensed notary — have pleaded guilty to deed fraud charges in New York. The charges involve first-degree scheming to defraud, and additional counts related to forging and filing false documents to take deceased people’s titles in Nassau and Queens.

A company run by one of the pair pleaded guilty, too — to possession of stolen property and multiple forgery charges. The implicated real estate business will have to pay a $100,000 fine, and repay rents on the stolen properties. The other member of the pair, a landscaper, could be sentenced to a prison term of up to three years on January 30, 2024.

One of the would-be victims blew the whistle. As reported in the New York Daily News, she got a bad feeling about one of the pair. He walked into a coffee shop to meet her wearing a crumpled suit.

An investigation began. The outcome? The D.A. in Queens, Melinda Katz, announced that the Queens Supreme Court has voided the faked deeds. The ripped-off families are now able to recover their assets.

December 22, 2023April 25, 2024

Who Owns Your Home—You, or the Bank? Check for a “Defeasance Clause”

Defeasance? What’s that?

Some home loans contain a defeasance clause. It means you’re giving up collateral. Do your home loan documents have defeasance language? If so, your lending institution holds your home’s title for as long as you owe the lender money.

Although the legal owner is your lender, you are still called the homeowner. Yet your title isn’t at home with your loan documents. Your lender will hold onto your title until after that final payoff.

Once you meet all of your loan obligations, including a full and final pay-off, you trigger the defeasance clause. That, in turn, unlocks the final phase of your agreement. That’s the conveyance of title from the lender to the successful owner of a paid-off home. The title will then be yours — free and clear.

December 4, 2023April 25, 2024

Deed-Stealing Florida Broker Pleads GUILTY

Michael B., a real estate broker, has changed his mind. He’s now pleading guilty in a felony fraud case involving deed theft. In Florida, fraudulent real estate schemes are not unusual. But when a real estate broker in active status is pursued for deed fraud, that’s the kind of case that stands out.

Yes, you read that right. This is a case of house stealing by a real estate broker. Licensed by the state of Florida, this person could and did list homes on the MLS. Not only is this person alleged to have stolen and sold other people’s homes; now, he has actually admitted to the scheme. The broker might manage to avoid any jail time.

According to Florida’s state prosecutor, the Tampa-area broker faked deeds and mortgage documents in order to sell ill-gotten titles to innocent people. He also used his stolen real estate to secure loans.

August 25, 2023April 25, 2024

Trees, Smoking, and Other Neighbor Troubles: What’s a Homeowner to Do?

They say good fences make good neighbors. Perhaps we could add shrubs or trees, too. Fences and trees can helpfully separate one residential property from the next. Their presence can make boundaries obvious and clear-cut.

Then again, their helpfulness depends on how homeowners personally experience them. Hedges or fencing can be poorly placed, making property lines questionable. And they occasionally raise questions about who is responsible for what maintenance, and when.

And these are not the only features that create boundary issues for homeowners. Plus, boundaries don’t stop air quality issues caused by your neighbor’s habits.

Let’s take a look at some frequently cited causes of…neighbor troubles.

September 5, 2022April 25, 2024

Can a Quitclaim Deed Be Undone?

A quitclaim deed transfers real estate to a new owner. A properly completed and recorded quitclaim cannot be undone. Here’s why — and what to do next if there’s a problem with the transfer.