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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.

[ipaper docId=45946796 access_key=key-1v9fh5byvbl8sqbvb17p height=600 width=600 /]

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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