NYSC APPELLANTE DIV. “A DEED BASED ON FORGERY IS VOID, MORTGAGE BASED ON SUCH DEED IS INVALID” GMAC v. CHAN

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NYSC APPELLANTE DIV. “A DEED BASED ON FORGERY IS VOID, MORTGAGE BASED ON SUCH DEED IS INVALID” GMAC v. CHAN

NYSC APPELLANTE DIV. “A DEED BASED ON FORGERY IS VOID, MORTGAGE BASED ON SUCH DEED IS INVALID” GMAC v. CHAN

2008 NY Slip Op 08705

GMAC MORTGAGE CORPORATION, d/b/a DiTECH.COM, appellant,

v.

ROBERT CHAN, ETC., ET AL., respondents, et al., defendants.

2007-11812, 2008-09115.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 12, 2008.

EXCERPT:

A deed based on forgery or obtained by false pretenses is void ab initio, and a mortgage based on such a deed is likewise invalid (see Cruz v Cruz, 37 AD3d 754; Crispino v Greenpoint Mtge. Corp., 304 AD2d 608; Yin Wu v Wu, 288 AD2d 104; Rosen v Rosen, 243 AD2d 618; Filowick v Long, 201 AD2d 893). Thus, the Supreme Court correctly held that there are triable issues of fact as to the validity of both the deed and subject mortgage and properly denied the plaintiff’s motion for summary judgment.

Scribd

GMAC was denied in 2009

2009 NY Slip Op 70038(U)

GMAC MORTGAGE CORPORATION, D/B/A DiTECH.COM, appellant,
v.
ROBERT CHAN, ETC., ET AL., respondents, ET AL., defendants.

M85448, Motion No: 2007-11812, Motion No: 2008-09115. Appellate Division of the Supreme Court of New York, Second Department.

Decided April 20, 2009. Before: PRUDENTI, P.J., MASTRO, SPOLZINO and SANTUCCI, JJ.

DECISION & ORDER ON MOTION

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.


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6 Responses to “NYSC APPELLANTE DIV. “A DEED BASED ON FORGERY IS VOID, MORTGAGE BASED ON SUCH DEED IS INVALID” GMAC v. CHAN”

  1. marilynhelyn says:

    Up until recently fraud was very much hidden in New York Supreme Court. If you dare mention fraud, the judges got angry especially if you are Pro Se.

    All Judges know that a forged deed conveys no title and any deeds written upon a forgery are void ab initio.

    In the case of Astoria Federal S & L , Successsor in Interest to Fidelity NY FSB vs. Marilyn Lane the banks new attorneys stated in front of Judge Alice Schlesinger of New York Supreme it is indemnify, indemnify indemnify-we are stepping aside and the Title companys are stepping in. The corrupt attorney Thomas Malone of Fidelity National Title and the corrupt attorney David K Fiveson of Coronet Title did not want to indemnify but wanted to be Intevenors and be heard. And what they told the court is time makes forged deeds good.

    Now that alot of the country is familiar with the fraud that went on at Lender Processing Service (Docx) it is not surprising that
    that there is alot of fraud at Fidelity National Title. William P Foley CEO of Fidelity National Title, Fidelity National Financial is the former parent of Lender Processing Service (Docx) Wm. Foley was chairman of the board of LPS until things started to get hot and exposed and he resigned from LPS.

    The Title companys, Judge Schlesinger and I all know there is no “equity” in a forged deed. The Title attorneys statement to Judge Schlesinger “we have equity” only meant there was money under the table for the Judge.

    Judge Alice Schlesinger perpetrated Title Fraud with Fidelity National Title and Coronet Title in giving them possession of my two condos when all they had insured were forged deeds.

    I wrote to Wm P Foley CEO of Fidelity National Title “what went wrong that your New York Attorney Thomas Malony finds himself fighting for a forged deed.?
    Fidelity National Title response to me was “It is Proper”

    I have the feeling that William Foley and all of the principals of all of his companys are fighting hard behind the scenes to quash the facts of the many fraudulent foreclosres that have gone on even before the MERS issue was uncovered.

    New Yorkers, Floridians and the people of every state want honest judges. If you sit quietly by our Constitional Republic will end up a Banana Republic.

    When the Title attjorneys statement to Judge Schlesinger “we have equity” only meant there was money under the table for the judge.

  2. hendra says:

    The law states if you can prove forgery the deed is void. Not in some cases. If the bank ask for a summary judgement, asking for equiable subrogation, the judge will rule against wongdoing, and award the bank, their equiable subrogation.I have a satement from a handwriting exaniner that all the documents was forged.The deed of transfer my signuter is misspelt. The so call settlement document is not only an ilegal HUD document, but my signuter is again missept. A statement from the stae investergater that I was defrauded. A letter from the Title Ins Agency, stateing that the scan artist brought him all the documents signed, with a copy of my divers lisance and a death cert. of my husband. It dose not say that their was no power of attorney, nor their was not a state seal on the death cert. One of the documents even has the wrong year on it. The so call nottory, disappeared and lost his lisance for good. The apprasiers made a deal with the state to lose their lisance for 45 days,go back to school and get recertifed. The scam artist had to do with a bank that had to do with a real estate school, and reverse mortgage. All the documents was signed on the same day. The appraiers, nottory, and the scam artist lived in the same area of Long Island, and had to do with the same school. The title agency and the settlement lawyer did business in West Chester not to far away from the scam artist. On the documents their where 4 diferen address’s for the scam artist. My home is up state NY. How I found out about this was 4 letters that came the same day. 1. rent with option to buy ($950.00). 2. a mortgage in some ones else name($1550.00). 3. a check for a little over $300.00 from a lawyer with no note 4. a credit report for so one elses name, 38 defaults and a score of 600. I called the DA of my county. The investergater sent me to the Attorney General of my county. The attorney general sent me a letter ” get a private lawyer.” The so call Scam artist, new owner broke into my home, and tried to evict me. I got all the documents from the fraud unite of the scam artist mortgage company. The scam artist tried to remortgage and put the house up for sale. My law suite stopped that. I lost my buisness, and the right for a trail by the judge giving equiable subrogation to the bank. I’m still in court, because the scam artist lost by default, and the title ins,agency lost by default. Where is justic in this?

  3. hendra wargo says:

    On the default for the Title Ins. Agency, the judge denied the case do to STATUE of LIMINATION. Paul H Jean’s default is still pending. Mr. Jean has disappeared.
    The evidence do not mine a thing.
    1.State investigation side I was defrauded.
    2. Notary lost his license for good.
    3.Appariser lost her license, but made a deal with the state.
    4. Hand writing Examiner’s report mint nothing.
    5. No power of attorney in this case it legal
    6.Statement from Title Ins. Agency dose not mine anything.
    7. Statement from Banks settlement lawyer do not mine a thing.
    8.Their was no easement for back areas on the deed.
    9.HUD documents illegal.
    10. Checks to pay off my mortgage company was made out six days after Mr. Jean got his Mortgage.
    11. Home address on documents was four difference address.
    12.Three of the address was family address purchase/resale ARMS length residents transaction.
    13. All documents was signed on the same day. (Title Ins. Agency, settlement document, deed of transfer, Mr. Jeans mortgage.)
    14. Mr. Jean claimed he was Broker/Buyer, but had no license.
    15. Mr. Jean put the house up for sale the same day and tried to remortgage.
    16.No promsion to pay off my mortgage company.
    17.Settlement lawyers notary was related to lawyer.
    18.A copy of my drivers license and my husbands death certificate, not the original with state seal.
    19.A letter from the Bank of NY asking why I did not get the reverse mortgage.
    20. A letter from a bank ins company why Mr. jean did not file in a report for damage from Hurricane Sandy.
    With all this the judge gave the case to the bank. Where is the justice. Making a 70 year old women homeless.

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