A former real estate agent in Rockland County, New York, has pleaded guilty to charges of forgery and deed theft after illegally transferring a client's home into his own company's name. The case marks a significant legal milestone as the first conviction under an expanded state law designed to protect homeowners from such fraud.
Key Takeaways
- Former agent Oscar Dais admitted to forging a client's signature to steal her property while it was in foreclosure.
- The theft occurred in August 2021 while the homeowner, Monique Hill, was out of the country.
- This is the first criminal conviction under New York's expanded Home Equity Theft Protection Act.
- As part of the plea, Dais must pay restitution, and the fraudulent deed will be voided, restoring ownership to Hill.
Details of the Guilty Plea
Oscar Dais entered a guilty plea on Wednesday, September 24, to charges of forgery and violating the Home Equity Theft Protection Act, according to a statement from New York Attorney General Letitia James. The plea confirms that Dais unlawfully took ownership of a client's residence without her knowledge or consent.
The charges stemmed from actions Dais took in August 2021 concerning a property owned by Monique Hill. By pleading guilty, Dais admitted to orchestrating a scheme to fraudulently acquire the title to her home.
How the Deed Theft Occurred
The case began after Hill and her husband defaulted on their mortgage, leading their lender to initiate foreclosure proceedings in 2016. Dais, acting as their real estate agent, exploited this vulnerable situation several years later.
Forgery and Deception
In 2021, Dais created a fraudulent deed for the property. He used Hill's maiden name, "Monique Clark," a name she reportedly did not use. He then forged her signature on the document. According to the Attorney General's office, this was done while Hill was in the Dominican Republic, making it impossible for her to have legally signed the document.
To finalize the illegal transfer, Dais had the forged signature falsely notarized. He then filed the fraudulent deed with the Rockland County Clerk's Office, officially transferring the property's ownership to a company under his control.
What is Deed Theft?
Deed theft is a type of real estate fraud where a person's ownership of a property is stolen, often through forgery, deception, or coercion. Scammers frequently target vulnerable homeowners, such as the elderly or those facing foreclosure, tricking them into signing over their property title.
A Landmark Conviction Under New York Law
This case represents the first criminal conviction under an expanded version of the Home Equity Theft Protection Act. In 2023, the law was amended to classify deed theft as a felony, granting the Attorney General's Office the authority to prosecute these crimes directly.
“Oscar Dais took advantage of a homeowner who was dealing with a foreclosure and stole her property without her knowledge,” said Attorney General Letitia James. “No New Yorker should have to fear that the home they own will be stolen from them. I will continue to use every tool at my disposal to fight deed theft throughout our state and bring scammers like Oscar Dais to justice.”
The conviction sets a precedent for future prosecutions and signals a tougher stance against property fraud in New York. The expanded law provides prosecutors with more effective tools to hold individuals accountable for exploiting homeowners.
Timeline of Events
- 2016: Foreclosure process begins on Monique Hill's property.
- August 2021: Oscar Dais forges Hill's signature and files a fraudulent deed.
- October 2021: Hill reports the suspected theft to the Attorney General's Office and files a civil lawsuit.
- 2023: New York expands the Home Equity Theft Protection Act.
- September 2024: Oscar Dais pleads guilty to deed theft and forgery charges.
Restitution and Justice for the Homeowner
Monique Hill first became aware of the fraud and reported it to the Office of the Attorney General in October 2021. She also initiated a civil lawsuit against Dais, which is still pending.
As a result of the guilty plea, Dais is required to pay restitution to Hill. Furthermore, the court will void the fraudulent deed. This action ensures that Hill and her husband will retain legal ownership of their share of the property, effectively reversing the theft.
Protecting Homeowners from Property Fraud
Officials urge homeowners to be vigilant against property fraud, especially when facing financial distress or foreclosure. Scammers often present themselves as offering help, only to exploit the situation for personal gain.
The New York Attorney General's Office encourages any resident who believes they may be a victim of deed theft to seek assistance. They can be contacted through a dedicated hotline or email.
- Phone: 1-800-771-7755
- Email: [email protected]
Homeowners should regularly check their property records with their county clerk's office for any unauthorized changes and be cautious of unsolicited offers to help with mortgage or foreclosure issues.
