A former real estate agent in Rockland County, New York, has been convicted of deed theft, marking the first successful prosecution under the state's recently strengthened homeowner protection laws. Oscar Dais pleaded guilty to fraudulently transferring a property title from a homeowner whose house was in foreclosure.
The conviction, announced by New York Attorney General Letitia James, requires Dais to pay restitution to the victim, Monique Hill, and ensures the voiding of the fraudulent deed, restoring her ownership of the home.
Key Takeaways
- Oscar Dais, a former real estate agent, pleaded guilty to felony grand larceny for stealing a home through deed forgery.
- This is the first conviction under New York's expanded Home Equity Theft Protection Act (HETPA), which was strengthened in 2023.
- Dais forged the signature of homeowner Monique Hill while she was out of the country to transfer her property to a company he controlled.
- As part of the plea, the fraudulent deed will be nullified, and Hill will receive restitution for damages incurred.
Details of the Fraudulent Transfer
The case centers on a property in Rockland County that entered foreclosure proceedings in 2016 after the homeowner, Monique Hill, and her husband defaulted on their mortgage. The situation escalated in August 2021 when Oscar Dais, previously associated with Buy NY Realty LLC, orchestrated the illegal property transfer.
According to the Attorney General's office, Dais created a counterfeit deed for Hill's home. He then forged her signature on the document, using a pre-marriage name, “Monique Clark,” to add a layer of complexity to the fraud.
With the forged signature, Dais had the document notarized and subsequently filed it with the Rockland County Clerk’s office. This action officially transferred ownership of the property from Hill to a company under Dais's control, all without her knowledge or consent.
Homeowner Unaware While Abroad
At the time of the illegal transfer, Monique Hill was not in the United States. She remained unaware that her home had been stolen until October 2021. Upon discovering the fraudulent deed, she immediately reported the crime to the New York Attorney General's Office.
In addition to the criminal complaint, Hill also initiated a separate civil lawsuit against Dais to reclaim her property. That civil case is still pending in court.
What is Deed Theft?
Deed theft is a type of real estate fraud where a person's property title is stolen, often through forgery, deception, or coercion. Scammers frequently target vulnerable homeowners, such as the elderly or those facing financial distress like foreclosure, tricking them into signing over their property or forging documents to transfer ownership illegally.
A Landmark Legal Precedent
This conviction represents a significant milestone for New York's efforts to combat property fraud. It is the first time an individual has been convicted under the enhanced provisions of the Home Equity Theft Protection Act (HETPA), which were expanded in 2023 following advocacy from Attorney General James.
“Oscar Dais took advantage of a homeowner who was dealing with a foreclosure and stole her property without her knowledge,” Attorney General James stated. “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 successful prosecution serves as a clear warning to individuals attempting to exploit vulnerable homeowners and demonstrates the effectiveness of the new legal framework.
New York's Strengthened Homeowner Protections
The Home Equity Theft Protection Act is designed to safeguard New York residents from predatory practices, particularly when they are at risk of losing their homes. The 2023 amendments broadened the law's scope and introduced stricter regulations for property sales involving homes in foreclosure or default.
Key HETPA Provisions
- Expanded Coverage: The law now protects homeowners with active utility liens on their properties, not just those with mortgage defaults.
- Investor Contracts: It regulates sales where a buyer is purchasing a distressed property as an investment, not as a primary residence.
- Right to Cancel: Contracts must include provisions that allow sellers to cancel the agreement under specific conditions, giving them a crucial safety net.
- Anti-Deception Rules: The law explicitly prohibits buyers from misleading or deceiving sellers about the nature of the transaction.
These enhancements provide the Attorney General's office with more powerful tools to prosecute fraudulent actors and protect the equity that homeowners have built over years.
Consequences and Restitution
As a result of his guilty plea, Oscar Dais faces significant legal and financial consequences. The primary outcome for the victim is the restoration of her property rights. The court will void the fraudulent deed filed by Dais, officially returning the homeowner's share of the property to her name.
Furthermore, Dais is legally required to pay restitution to Monique Hill. This payment is intended to compensate her for the financial and personal damages she suffered as a result of the theft of her home.
Resources for Homeowners
The Attorney General's office encourages New Yorkers who suspect they have been victims of deed theft or other forms of property fraud to seek help. A dedicated hotline and email address have been established to handle these cases.
Residents can report potential deed theft by contacting the office at 1 (800) 771-7755 or by sending an email to [email protected]. Prompt reporting is often critical in preventing further damage and initiating recovery efforts.
