Adam Leitman Bailey, P.C. Successfully Represents Lender Defeating Forgery Claim
Adam Leitman Bailey, P.C. successfully defended a mortgage lender against a borrower’s claim that his signature was forged on a mortgage. This claim, if proven, would leave the lender in an unsecured position against the borrower along with all other unsecured creditors. An unsecured lender is one that does not hold any collateral of the borrower to secure payment. In most cases, an unsecured lender is at a significantly higher risk of failing to receive repayment.
In support of the borrower’s forgery claim, he provided an opinion letter from a handwriting expert noting purported differences between the Borrower’s known signature and the signature on the mortgage.
Because of Adam Leitman Bailey, P.C.’s substantial experience with forgery claims, Adam Leitman Bailey attorneys immediately recognized and exposed weaknesses in the borrower’s claim. The so-called opinion letter was an unsworn report and not definitive. At the borrower’s deposition, admissions were elicited showing that the borrower’s claim was unsupported by anything other than his own self-serving claims.
Immediately after the end of discovery, Adam Leitman Bailey, P.C. moved for summary judgment; the court determined that there were no open issues of material fact and awarded judgment to the bank.
Adam Leitman Bailey, P.C. successfully defended a mortgage lender against a borrower’s claim that his signature was forged on a mortgage. This claim, if proven, would leave the lender in an unsecured position against the borrower along with all other unsecured creditors. An unsecured lender is one that does not hold any collateral of the borrower to secure payment. If the forgery was proven the lender would not be able to collect any monies despite providing the loan.
Adam Leitman Bailey, P.C. Partner Colin Kaufman and an associate handled the deposition and motion for summary judgment. An Adam Leitman Bailey, P.C. associate handled client contact in support of the motion. Founding Partner Adam Leitman Bailey strategized and supervised the case.