{"id":6916,"date":"2025-10-22T07:53:48","date_gmt":"2025-10-22T11:53:48","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=6916"},"modified":"2025-10-22T07:53:50","modified_gmt":"2025-10-22T11:53:50","slug":"ag-james-nails-first-criminal-conviction-under-ny-home-equity-theft-protection-act","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/ag-james-nails-first-criminal-conviction-under-ny-home-equity-theft-protection-act\/","title":{"rendered":"AG James Nails First Criminal Conviction Under NY Home Equity Theft Protection Act"},"content":{"rendered":"\n
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Recently, a New York real estate agent pleaded guilty in a deed theft<\/a> case. Yes, a real estate agent. Oscar Dais used to be a real estate agent in Rockland County, New York.<\/p>\n\n\n\n

But no more. Oscar Dais admitted to a property theft that involved falsely signing a deed to his own company, while pretending to be the legitimate homeowner.<\/p>\n\n\n\n

If that weren\u2019t attention-grabbing enough, there\u2019s more. This is Attorney General Letitia James\u2019s first criminal conviction under a law we\u2019ve been watching for a while: New York\u2019s Home Equity Theft Protection Act (HETPA).<\/p>\n\n\n\n\n\n\n\n

Targeted: A Struggling Mortgage Borrower in Rockland County, New York<\/h2>\n\n\n\n

Deed theft happens whenever one party conveys a real estate deed to another party without the knowledge and voluntary consent of the property\u2019s legitimate owner.<\/p>\n\n\n\n

This is exactly what happened when, four years ago, a real estate agent forged Monique Hill\u2019s signature on a deed. With that flourish of a pen, the agent managed to take away a home from a New Yorker who was going through a drawn-out foreclosure process.<\/p>\n\n\n\n

To create the falsified paperwork, the real estate agent copied the deed and signed it, using Hill\u2019s prior last name. The agent included a false notarization on the document. Once recorded, the deed was then signed over to a company run by the forger.<\/p>\n\n\n\n

Then, the forger had the new phony deed recorded in Rockland County, New York. This officially took Hill off her deed.<\/p>\n\n\n\n

Conveniently for the deed thief, Hill was away. She had no idea about the manipulation that was going on at the time.<\/p>\n\n\n\n

But by October 2021, two months after the fraudulent filing, Hill knew what had happened. So she filed a (still active) civil suit against real estate agent Oscar Dais.<\/p>\n\n\n\n

She also took the matter to A.G. James\u2019 office. That would prove to be a major moment in a courtroom in Rockland County, and in New York legal history, too.<\/p>\n\n\n\n

In late September 2025, Dais pleaded guilty to a HETPA violation.<\/p>\n\n\n\n

First Use of NY Law Singling Out Deed Theft as a Crime<\/h2>\n\n\n\n
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The case involved numerous investigators and law enforcement officials. Some even helped from out of state. It now stands as the first criminal conviction under New York State\u2019s HETPA law.<\/p>\n\n\n\n

HETPA protects homeowners who are in the process of selling a home after having defaulted on a mortgage loan. Often, such homes are targeted for purchase by investor-buyers.<\/p>\n\n\n\n

Under HETPA, the struggling sellers have a right to cancel their sales. HETPA also stops the investors from using misleading tactics to acquire deeds.<\/p>\n\n\n\n

Back in April 2023, the new law was proposed, naming the crime of deed theft. The intent of the law, supported by the Attorney General, was to (a) open a path to prosecuting the culprits and (b) create remedies for the victims. Before that, deed theft was not specifically named as a crime in the state of New York.<\/p>\n\n\n\n

By June 2023, New York lawmakers enacted the law, establishing the crime of deed theft<\/a>. With this law, the Attorney General\u2019s office can prosecute deed thieves directly, with no referral necessary.<\/p>\n\n\n\n

For several years, Attorney General James has worked on making HETPA as robust as possible. In this case, the convicted person must pay restitution to his victim. Also, the forged deed will be considered void. Because of the new law, Hill\u2019s share of the proceeds from her home now belong to her once again.<\/p>\n\n\n\n

This is a big deal. In most states, once a deed is signed away, it can be extremely difficult to restore ownership to the victimized person or household. This is especially true of properties that are resold once they\u2019re stolen. By default, unsuspecting buyers have been classified as good faith purchasers who get to keep a deed that\u2019s been stolen from an innocent victim.<\/p>\n\n\n\n

Insurance coverage for deed fraud is a thing. So, if you\u2019re getting a deed in the future, you might wish to check the benefits of an <\/strong><\/em>extended title insurance policy<\/em><\/strong><\/a>.<\/strong><\/em><\/p>\n\n\n\n

Setting a New Standard\u2014Watch for Other States to Follow<\/h2>\n\n\n\n
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Several states are out in front on the matter of deed theft. Today\u2019s deed holders are more vulnerable than ever before because of all the cutting-edge technology enabling the copying and manipulation of legal documents. New York is showing how legislation can help make victims whole again.<\/p>\n\n\n\n

And there are some added protections in the Homeowner Equity Theft Prevention Act:<\/p>\n\n\n\n