New York S 7721: Establishes a private right of action for deed theft

Bill Text

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S07721 Summary:

BILL NOS07721A

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SAME ASSAME AS A08863-A

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SPONSORBRISPORT

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COSPNSRBASKIN, BOTTCHER, BYNOE, CLEARE, COMRIE, COONEY, FAHY, GONZALEZ, HARCKHAM, LIU, MYRIE, RIVERA,
 SALAZAR, SANDERS, SERRANO

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MLTSPNSR

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Add §891, RPAP L

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Establishes a private right of action for deed theft; provides that victims of deed theft may maintain an action against a deed thief or a bank that provides a loan that assists in the commission of deed theft; authorizes victims of deed theft to recover actual damages, treble damages and attorneys' fees; defines terms.

Go to top S07721 Actions:

BILL NOS07721A

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05/01/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

05/12/20261ST REPORT CAL.1018

05/13/20262ND REPORT CAL.

05/14/2026AMENDED 7721A

05/14/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS07721 Committee&nbspVotes:

Go to topS07721 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS07721 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7721--A
 Cal. No. 1018

 2025-2026 Regular Sessions

 IN SENATE

 May 1, 2025
 ___________

 Introduced by Sens. BRISPORT, BASKIN, CLEARE, COMRIE, GONZALEZ, HARCK-
 HAM, LIU, MYRIE, SALAZAR, SANDERS -- read twice and ordered printed,
 and when printed to be committed to the Committee on Judiciary --
 recommitted to the Committee on Judiciary in accordance with Senate
 Rule 6, sec. 8 -- reported favorably from said committee, ordered to
 first and second report, amended on second report, ordered to a third
 reading, and to be reprinted as amended, retaining its place in the
 order of third reading

 AN ACT to amend the real property actions and proceedings law, in
 relation to establishing a right of action for deed theft

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "deed theft: private right of action act".
 3 § 2. The real property actions and proceedings law is amended by
 4 adding a new section 891 to read as follows:
 5 § 891. Action for deed theft. 1. Definitions. For the purposes of this
 6 section, the following terms shall have the following meanings:
 7 (a) "Lender" means any trust company, private banker, savings bank,
 8 safe deposit company, licensed lender, savings and loan association,
 9 credit union, investment company, or mutual trust company, as such terms
 10 are defined in section two of the banking law, that provides a loan that
 11 encumbers covered property or was collateralized by covered property.
 12 (b) "Covered property" means residential real property, including but
 13 not limited to, one-to-six family dwellings, condominium units, cooper-
 14 ative apartments, lots in manufactured home parks, and securities that
 15 entitle the holder thereof to possession or occupancy of such property.
 16 (c) "Deed theft" means the act of taking, transferring or encumbering
 17 title to covered property without the owner's approval or knowledge, or
 18 through unfair, deceptive or abusive acts or practices. Deed theft

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10740-04-6

 S. 7721--A 2

 1 includes, but is not limited to actions taken by a natural person or
 2 entity whereby such person or entity:
 3 (i) alters, falsifies, forges, or misrepresents any written instrument
 4 involved in the conveyance or financing of covered property, such as a
 5 residential or commercial deed or title, with the effect of deceiving,
 6 defrauding, or unlawfully transferring or encumbering the ownership
 7 rights or a portion thereof of covered property;
 8 (ii) misrepresents themselves as the owner or authorized represen-
 9 tative of covered property to induce others to rely on such false infor-
 10 mation in order to obtain financing;
 11 (iii) takes, obtains, or transfers title or ownership of covered prop-
 12 erty by fraud, misrepresentation, forgery, larceny, false pretenses,
 13 false promise, or any other fraudulent or deceptive practice; or
 14 (iv) fails to disclose materially relevant information in order to
 15 induce an unfair transfer or encumbrance of