After NYC man's deed is allegedly stolen, supporters rally to prevent eviction

PARK SLOPE, Brooklyn (PIX11) -- An issue that's apparently growing in tandem with the rise of real estate values is deed theft -- the taking of a homeowner's title to their property through unlawful means.

A longstanding homeowner in Brooklyn said that that's what happened to his three-story brownstone, and now, a whole community, including state and city elected officials, has turned out to make sure that he doesn't get evicted.

It's not clear if all of their efforts will pay off, but that's definitely not stopping them from trying. 

Ray Cortez, 90, has lived in his home since 1969, when he bought it. He and his family say that a developer won over Cortez's confidence and got him to sign over the deed to his home in 2006, without his full knowledge. 

Angelica Radacinski lives right behind Cortez's St. Marks Place home and has known him her entire life. She said that everything possible must be done to prevent him from losing his deed. 

"This is his home," she said at a noon news conference in front of his stoop. "The authorities have failed to act in a way that can protect him."

Radacinski was one of a few dozen neighbors, friends, and family members who surrounded Cortez at the podium at a news conference convened by New York State Assemblymember Jo Anne Simon, who represents Park Slope. She also had state Sen. Jabari Brisport and New York City Council member Shahana Hanif join with her at the event. 

It was set up to help prevent the man who immigrated to New York from his native Peru in the 1950s from being evicted. 

Cortez said in Spanish that he was thankful to everyone for coming out and showing support. 

Simon, the assemblymember, said that coming out was the right thing to do not just for Cortez, but also for all New Yorkers for whom deed theft is a risk. She said that that number is bigger than many people may assume and that as some neighborhoods gentrify, the issue becomes more acute. 

"There's so many ways for deed theft to happen," the assemblymember said, "and there's lots and lots of little loopholes."  

Agreeing with that statement was Carmella Charrington. She'd come out to show her support for Cortez but also said that her family was involved in a similar dispute. Charrington said that a developer had claimed the deed to the Bedford-Stuyvesant brownstone that her family has owned for more than 70 years. 

She said that the family had successfully remained in their home, but proof of ownership is still being disputed in court.

"So now the property is being looked at," Charrington said in an interview. "But all parties did not do legally what they're supposed to do." 

Cortez faces an eviction trial starting in housing court on Friday. His family on Wednesday renewed a call that it says it's been making for years to New York Attorney General Letitia James and Brooklyn District Attorney Eric Gonzalez. 

"They have the authority and the power," said Ray Cortez Jr., the homeowner's son, who is leading the effort to help his father keep his home. "It is within their purview to look into this matter," he said.

Both the attorney general's and the district attorney's offices said that they're in contact with Cortez's attorney, but the statute of limitations has run out on his 18-year-old dispute. 

Andrew Scherer, a New York Law School professor who's written a treatise on real estate law in New York City, said that there are basic guidelines that homeowners need to always have in mind. 

"Be aware, be suspicious," he said. "Don't sign anything until it's very clear to you what's going on."

He also said that homeowners can find free legal help through the LawHelp NY web portal. He also said that the city's ACRIS system is a resource that homeowners can access to ensure that they're properly listed as the owner of a property.