Braverman Greenspun counsel Elise Kessler was quoted in Mortgage Professional America on the warning signs of deed theft and the due diligence steps brokers can take before a fraudulent transaction advances.
Elise told the publication that the growing sophistication of identity and document forgery, combined with the rise of remote closings since COVID-19, has made it harder to verify who is actually on the other side of a transaction. She noted that complaints filed with the New York Attorney General’s office jumped 240% between 2023 and 2025, and that many red flags surface at exactly the stage where a broker is most involved.
Elise walked through several scenarios that should give brokers pause: unusual pressure to close quickly, a seller located abroad with a deed notarized by an out-of-state or embassy notary, power of attorney situations involving a family member entering a nursing home, vacant land that has sat unencumbered in a family for years, prior deed transfers for no consideration, and estate transactions or simultaneous financing requests on similar properties.
She also explained what brokers can realistically do before a title search is ever ordered. “If the brokers want to do due diligence up front, review the public records and then ask questions if something looks suspicious,” Elise said. She also noted to check the tax records to see who is paying the real estate taxes and whether there are multiple liens and mortgages. “Ask the applicant if they see there was a transfer that was done a few weeks or a few months earlier, question the transaction. What was this transfer about? Why did it happen?”
Read the full article here.