Bill > S06362

This bill provides enhanced protections for victims of real property theft by modifying two key legal provisions. First, it establishes a rebuttable presumption that a property purchaser had notice of fraud when transferring mortgaged real property between unassociated parties. The bill defines specific circumstances where this presumption can be overcome, such as providing evidence of mortgage payoff through documents like settlement statements, payoff statements, or title insurance policies. It also clarifies what constitutes "associated parties," including relationships like spouses, siblings, and family trusts. Second, the bill amends rules regarding notices of pendency (legal notifications about pending property-related criminal cases), allowing district attorneys or the attorney general to file such notices for criminal complaints affecting real property. These notices can now remain in effect for three years and can be renewed twice, with a requirement to cancel them within 30 days when the investigation or legal action is no longer ongoing. The changes aim to provide greater legal clarity and protection for property owners and potential victims of real estate fraud by creating more transparent mechanisms for identifying and addressing potential fraudulent property transfers.

Justice

https://www.nysenate.gov/legislation/bills/2025/S6362