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Queens Real Estate Fraud Lawyer

Protecting Property Owners and Buyers Across NYC From Real Estate Fraud

Real estate fraud can put a property owner’s title, equity, and ability to control a property at risk. A false or deceptive deed, mortgage, or other recorded document may create serious problems before an owner or buyer realizes something is wrong.

Whether you have discovered a questionable deed transfer, believe you were misled during a property transaction, or suspect someone used false documents to assert control over real property, understanding your legal options is an important first step.

Poltielov Law Firm P.C. represents property owners and buyers in Queens and throughout New York City in real estate litigation matters. Call (718) 520-0085 to discuss your concerns with our team.

What Counts as Real Estate Fraud in New York?

Real estate fraud generally involves an intentional misrepresentation, deception, or manipulation of documents connected to a property transaction or ownership, causing harm to a property owner or buyer. This can range from forging a signature on a deed to intentionally misrepresenting a property’s condition or ownership status during a sale.

Common Types of Real Estate Fraud We Handle

Real estate fraud in New York frequently takes one of the following forms:

  • Deed fraud: A fraudulent deed is used to transfer ownership of a property without the rightful owner’s knowledge or consent, often through a forged signature or a notary who never actually witnessed the signing.
  • Mortgage fraud: Misrepresentations are made during the mortgage lending process, such as falsified income documents or an inflated property valuation, to secure financing that wouldn’t otherwise be approved.
  • Title fraud: Fraudulent claims are made against a property’s title, clouding ownership and potentially interfering with a sale, refinance, or the owner’s ability to freely use the property.
  • Foreclosure rescue scams: Vulnerable homeowners facing foreclosure are targeted with promises of help, such as a loan modification or refinance, that instead result in the homeowner unknowingly signing away their property or paying for services that never materialize.
  • Misrepresentation during a property sale: A seller or their representative conceals known defects, undisclosed ownership disputes, or other material facts that would have affected a buyer’s decision to purchase the property.

How Real Estate Fraud Is Committed Against Property Owners

Fraudsters often target property owners who may be more vulnerable to manipulation, including elderly homeowners, owners of vacant or inherited properties, and individuals unfamiliar with real estate transactions. Common tactics include:

  • Forging signatures on deeds or other transfer documents: A fraudster signs the property owner’s name on a deed or transfer document without their knowledge, sometimes with the help of a complicit or careless notary.
  • Using stolen identities to impersonate a property owner: A fraudster obtains enough personal information to pose as the actual owner, allowing them to execute a transfer or take out a loan against the property.
  • Exploiting powers of attorney to transfer property without proper authorization: Someone granted limited authority to act on an owner’s behalf uses that authority to transfer or encumber the property in ways the owner never intended or approved.
  • Pressuring homeowners into signing documents they don’t fully understand: A homeowner, often facing financial distress or unfamiliar with legal paperwork, is rushed or misled into signing a document that transfers ownership or rights they didn’t intend to give up.

Legal Remedies for Victims of Real Estate Fraud

If you discover that a deed or other property document may have been recorded without your knowledge, acting promptly can help protect your interests. Depending on the facts, available civil remedies may include seeking a court declaration regarding the validity of a deed or other instrument, pursuing an action to remove a cloud from title, requesting injunctive relief, or seeking damages where legally available.

A forged deed has a distinct status under New York law. The New York Court of Appeals has held that a deed forged without the owner’s signature is void, rather than merely voidable. Other forms of alleged deed fraud, including transactions involving deception, coercion, or disputed authority, can require a different analysis.

You may also report suspected deed theft or document fraud to the appropriate government or law-enforcement agencies. Those reports are separate from any civil action involving title, ownership, or damages. Poltielov Law Firm P.C. can review the circumstances of your case and discuss potential legal options.

Why Trust Poltielov Law Firm P.C. With Your Real Estate Fraud Case

Real estate fraud cases require careful investigation, a thorough understanding of New York property law, and the ability to move quickly to protect a client’s rights before further harm occurs. Founding attorney R. Ariel Poltielov has been representing clients in real estate and commercial matters since starting the firm in 2015, handling everything from foreclosure defense and real estate litigation to guiding buyers and sellers through property transactions across New York. 

That day-to-day work inside real estate transactions, from single-family homes to condominiums, cooperatives, and commercial deals, gives him a close understanding of the issues that can arise in real estate transactions. Admitted to practice in both New York and New Jersey, and fluent in English and Russian, Mr. Poltielov brings that same attention to detail to every fraud case our firm takes on.

Speak With a Queens Real Estate Fraud Attorney Today

If you believe you’ve been the victim of real estate fraud, don’t wait to seek help. Whether your case involves deed fraud, mortgage fraud, or a breach of contract connected to a fraudulent property transaction, our team is ready to help you understand your options and pursue the remedies available to you. 

Learn more about how we can help by contacting Poltielov Law Firm P.C. at (718) 520-0085 today to discuss your case.

NYC Real Estate Fraud FAQs

How do I prove real estate fraud in New York?

A fraud claim generally requires proof of a material misrepresentation or omission, knowledge of its falsity, an intent to induce reliance, justifiable reliance, and resulting damages. The evidence needed depends on the case and may include deeds, closing documents, communications, financial records, title records, witness testimony, or handwriting and notary evidence. Claims involving a forged deed or unauthorized transfer may involve different legal issues.

Can I get my property back after deed fraud in Queens?

Potentially. If a deed was forged or a transfer was unauthorized, you may be able to seek court relief concerning title to the property. The appropriate remedy depends on how the transfer occurred, whether other parties or lenders became involved, and other facts surrounding the property records and transaction. 

How long do I have to file a real estate fraud claim in New York?

For many fraud claims, New York generally allows the longer of six years from when the claim accrued or two years from when the fraud was discovered, or reasonably should have been discovered. However, deadlines can depend on the specific legal claim and facts involved. A claim challenging a deed forged without the owner’s signature may be treated differently under New York law. Speak with an attorney promptly to evaluate the applicable deadline.

What is the difference between real estate fraud and a contract dispute?

Real estate fraud generally involves an intentional misrepresentation or deception made to induce you into a transaction or to obtain or record a property transfer through forgery, deception, or unauthorized conduct. While a contract dispute typically involves a disagreement over the terms or performance of an otherwise legitimate agreement. Some cases involve elements of both, and an attorney can help clarify which legal theories apply to your specific situation.

Do I need a lawyer to report real estate fraud?

You do not need a lawyer to report suspected real estate fraud to law enforcement or a government agency. However, a lawyer can help you assess civil options involving title, ownership, injunctive relief, document cancellation, or damages, where appropriate. A civil case is separate from any criminal investigation or prosecution.

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