Lender Wins Against Plaintiff Trying to Invalidate Mortgage Claiming Forged Signature on Deed
The plaintiff alleged that her signature was forged to a deed about thirty-five years before she brought the action, which would have invalidated the current mortgage on the premises (known as “the Brooklyn House of Horrors” because of multiple murders committed there in the past) on statute of limitations grounds. Adam Leitman Bailey, P.C. immediately moved to dismiss. During the time the motion was pending before the court, the New York Court of Appeals decided a case, Faison v Lewis, which in substance did away with any statute of limitations on forged deeds because a forged deed is wholly void and passes nothing. The plaintiff went in and out of pro se status and engaged in delaying tactics both in the trial and appellate courts until Adam Leitman Bailey, P.C. finally filed a “Demand to Resume Prosecution.” The plaintiff failed timely to certify trial readiness, so Adam Leitman Bailey, P.C. moved to dismiss. Over strenuous opposition, the court granted our motion and dismissed the action.
Colin E. Kaufman of Adam Leitman Bailey, P.C. handled the matters for this case.