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Real Property Litigation

Deed fraud litigation. Recovering stolen title.

Michel Law represents New York homeowners, heirs, and estate fiduciaries in quiet title actions, deed cancellation, fraudulent conveyance claims, and defense against serial Chapter 13 bankruptcy abuse used to stall foreclosure. Boutique litigation with direct access to the managing attorney.

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The Problem

What deed fraud looks like.

Deed fraud takes several recognizable shapes. A forged signature records a deed transferring your home to a stranger. A fictitious family member of a deceased owner surfaces to execute a quitclaim on estate property. A straw buyer flips the fraudulent deed to a third-party LLC that resells to an innocent purchaser or mortgages the property. A homeowner facing foreclosure finds that someone has filed serial Chapter 13 bankruptcy petitions in their name, stalling the auction long enough for the title to pass through a referee and into the hands of a flipper.

Each pattern leaves evidence in the public record. Each has a corresponding set of remedies. The question is how quickly you can mount them before downstream transfers compound the harm.

Practice

What the firm does.

I.

Quiet Title

Supreme Court actions to adjudicate adverse claims and restore record title to its rightful holder. Includes Notice of Pendency, service on all record claimants, and judgment of nullification.

RPAPL Article 15
II.

Deed Cancellation

Direct cancellation of a fraudulent deed instrument. Available where the deed is void from inception, as with a forged signature or a signatory who never had legal capacity to convey.

Real Property Law § 329
III.

Fraudulent Conveyance

Civil claims to set aside transfers that lacked consideration, were made to hinder creditors, or were made while the transferor was insolvent. Prosecuted on behalf of estates, creditors, and defrauded owners.

NY Debtor & Creditor Law
IV.

Bankruptcy-Abuse Defense

Response to serial bogus Chapter 13 petitions filed to stall foreclosure. Includes in rem relief, lift-stay motions, § 544 avoidance where appropriate, and coordinated state-court remedies.

11 U.S.C. § 362(d)(4)
Representative Matters

Current docket.

Active matters, anonymized. Full case details available on consultation.

Bronx CountyPending Matter
Deed cancellation and quiet title action for the Administrator of a decedent's estate. Two deeds purportedly executed by a fictitious family member of the decedent, notarized abroad, were recorded against estate parcels and conveyed to a limited liability company. Firm filed Verified Complaint and Notice of Pendency; opposing LLC acknowledges it was itself a victim of the fraud. Matter progressing toward so-ordered stipulation cancelling the deed and restoring title to the estate.
Kings CountyPending Matter
Quiet title and deed cancellation litigation in Supreme Court over a fraudulent transfer of a multi-family property. Procedural posture includes amended verified complaint, motion to substitute John Doe defendants with identified successors in interest, and temporary restraining order practice to prevent further transfer during pendency.
Queens CountyPending Matter
Wrongful-foreclosure and bankruptcy-abuse defense for homeowners whose property was lost through a coordinated scheme. Four pro se Chapter 13 petitions were filed in the homeowner's name over consecutive years (none authorized by the homeowner), stalling a legitimate foreclosure long enough for an in rem order under 11 U.S.C. § 362(d)(4), auction, Referee's Deed, and downstream flip to a third-party LLC at a substantial discount. Firm pursuing coordinated remedies including bankruptcy avoidance, state-court quiet title, and sanctions.
Timing

When to act.

Deed fraud actions are time-sensitive. CPLR 213(8) sets the statute of limitations on fraud at six years from the fraudulent act, or two years from the date the fraud was discovered or could reasonably have been discovered, whichever is later. Fraudulent conveyance claims under the New York Debtor and Creditor Law have their own limitation periods. Bankruptcy avoidance claims under § 544 and § 548 run from the petition date.

The real urgency is not statutory, it is practical. Every month a fraudulent deed remains of record raises the risk of downstream transfer to a bona fide purchaser for value, encumbrance by a lender who takes a mortgage in reliance on record title, or title insurance that locks in third-party rights. Quiet title is harder, slower, and more expensive once innocent third parties are in the chain.

Jurisdictions

Where the firm practices.

Nassau·Suffolk·Queens
Kings·Bronx·Westchester
Counsel

About the attorney.

Fabrice K. Michel, Esq.
Fabrice K. Michel, Esq.

Fabrice K. Michel is the managing attorney of Michel Law Group PLLC. Admitted to practice in New York, the Eastern District of New York, and the Southern District of New York.

Questions

Common questions.

What is deed fraud?

Deed fraud is the recording of a false instrument against real property in order to transfer ownership away from the rightful holder. Common forms include forged signatures on deeds, deeds executed by someone impersonating a deceased owner's family member, straw-buyer flips to insulate the fraud, and serial Chapter 13 bankruptcy petitions filed in a homeowner's name to stall foreclosure long enough for title to pass through auction.

How did someone else record a deed against my property?

The County Clerk's office records what is presented. If the instrument is facially sufficient (notarization, legal description, signature line), it is accepted for recording. The clerk does not verify that the signature is genuine or that the signatory had authority. That verification happens, if at all, when the fraud is challenged in court. The window between recording and discovery is where downstream damage accumulates.

What is the statute of limitations?

CPLR 213(8) provides six years from the fraudulent act, or two years from the date the fraud was discovered or could reasonably have been discovered, whichever is later. Different limitation periods apply to fraudulent conveyance claims under the New York Debtor and Creditor Law and to bankruptcy avoidance claims under 11 U.S.C. §§ 544 and 548. The firm reviews limitations at intake.

Can I recover my property if it has already been resold?

Often, yes, but the analysis is harder. A bona fide purchaser for value without notice of the fraud receives certain protections under New York law. Where the chain of title shows signs the subsequent purchaser knew or should have known of the fraud, or where the original deed is void (not merely voidable), the subsequent transfer can be set aside. Firm evaluates the chain at intake and advises on realistic remedies.

What if a bank now has a mortgage on the property?

A lender who records a mortgage in reliance on fraudulent title asserts rights as a mortgagee under New York law. Those rights are strongest where the lender acted without notice. The firm's practice includes negotiation with lenders and, where litigation is necessary, claims against the lender for recording a mortgage against void title and against the title insurer who issued the policy.

What should I do if I think my property has been subject to deed fraud?

Pull a current chain of title from the County Clerk or ACRIS. Note the date of any suspect instrument and any subsequent transfers. Preserve all correspondence, including anything from unfamiliar LLCs, prospective buyers, bankruptcy courts, or process servers. Then call. Most consultations begin with a focused review of the record and a written assessment of the available remedies.

Intake

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