Two individuals break into a home of a woman suffering from dementia and nearing end-of-life care, allegedly forging her signature to commit a burglary. They face a minimum of ten criminal charges.
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In a significant move to safeguard elderly homeowners and heirs, New York enacted the Law for the Protection of Heirs' Property and Prevention of Deed Theft in 2024. This law, primarily comprising the amendments to the Uniform Partition of Heirs Property Act (UPHPA) and the Heirs Property Protection and Deed Theft Prevention Act of 2024, aims to provide substantial protections for heirs vulnerable to deed theft and forced sales.
The new law addresses the issue of deed theft, a problem prevalent in New York City, particularly targeting elderly owners with considerable assets. The legislation combats deed theft by reforming the partition process, enhancing due process protections, and providing mechanisms to clarify and strengthen title.
One of the key reforms is the change in the partition process. The UPHPA now requires courts to explore alternatives to forced sales of heirs property, such as offering family members the option to buy out other owners before a public auction. This prevents predatory investors or unscrupulous parties from forcing a quick sale below market value, which often targets elderly heirs unfamiliar with complex title issues.
Moreover, the laws ensure affected family members receive proper notice and legal rights to defend their ownership interests. This reduces the risk of fraudulent title transfers or theft of ownership, a common tactic in deed theft cases.
The legislation also aims to clear up complexities in heirs’ property titles, a common exploitation point for deed theft. By clarifying title ownership, the law seeks to prevent external parties from exploiting defects in heirs’ property titles.
The new law is a response to a case involving Roy and Quimis, who allegedly forged the signature of an 88-year-old Indian national, Mrs. Renuka Bherwani, to seize her property. In October 2024, they forged Mrs. Bherwani's signature on several documents, including deeds and mortgage papers, to transfer the property to Hunter Studios & Developer Corporation, a company owned by Quimis.
Roy and Quimis are currently facing at least ten charges, including first-degree grand larceny and mortgage fraud. New York's Attorney General, Letitia James, has stated that the house of Mrs. Bherwani will be returned to her family upon case closure.
State Senator Zellnor Myrie, who sponsored the new deed theft law, stated that too many New Yorkers have fallen victim to deed theft, particularly low-income, elderly, or vulnerable homeowners. Myrie emphasised the need for protections to prevent such crimes and ensure that homeowners can maintain their properties and preserve their family wealth.
Victims of deed theft may not always be aware they have been victimized, and it can take years before they report the crime. However, with the enactment of the new deed theft law, New York is taking a step towards protecting its residents from such predatory practices.
Sources:
- https://www.nysenate.gov/legislation/bills/2023/S8006
- https://www.nysenate.gov/legislation/bills/2023/S7883
- https://www1.nyc.gov/site/dca/about/press/pages/attorneygeneral-james-announces-indictment-of-two-defendants-for-allegedly-defrauding-elderly-homeowner-out-of-property-in-kew-gardens-hills-queens
- https://www.nytimes.com/2022/09/13/nyregion/deed-theft-law-new-york.html
- https://www1.nyc.gov/assets/dca/downloads/pdf/press/2022/Senator-Myrie-Introduces-Deed-Theft-Legislation.pdf
- The new law in New York, which includes amendments to the Uniform Partition of Heirs Property Act (UPHPA) and the Heirs Property Protection and Deed Theft Prevention Act of 2024, aims to safeguard investors and general news enthusiasts from the real-estate-related crime of deed theft, especially among elderly homeowners.
- The legislation, resulting from a case involving the alleged forgery of an 88-year-old Indian national's signature, also addresses the intersection of crime-and-justice matters, as two defendants face charges including first-degree grand larceny and mortgage fraud for deed theft.
- Under the new law, the culture of protecting family wealth among heirs will be strengthened by increasing due process protections, offering buying-out options for family members to prevent forced sales, clarifying complex property titles, and providing mechanisms to enhance title security.
