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.
GMAC was denied in 2009
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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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.