Quiet Title
This week we once again wish to highlight another recent decision where the Court was forced to sort through allegations of fraud, forgery and adverse possession to render its decision to Quiet Title to a Kings County property.
The relevant facts of, and a link to, the case are set forth below.
In Amzalag v. ZBT Holdings Inc., 2023 NY Slip Op 30593, decided February 28, 2023, the Supreme Court, Kings County, held that the Plaintiff’s signature on a deed executed in 2005 was forged and, therefore, that deed and subsequent deeds further conveying the property were void ab initio. The Court directed the City Register’s office to strike those deeds from the record. The current owner’s claim of title by adverse possession was denied because a “claim of right”, an element to establish title by adverse possession, cannot be asserted when title is acquired as a result of a forgery. The Court also held that a mortgage executed in 2006, held by an assignee and refinanced, was void ab initio and directed the City Register’s office to record the Court’s ruling against the property’s block and lot. According to the Court, “a forged deed is void ab initio and, as such, any mortgage or encumbrance on real property based on a forged deed is also void (see Faison v. Lewis, 25 NY3d 220 [2015]).”
The Court further ruled that an inquest was required to determine the amount of any rents and profits due to the Plaintiff. This decision is posted in the link below.
https://www.nycourts.gov/reporter/pdfs/2023/2023_30593.pdf
This case is another reminder for Attorneys and Title Companies alike to be ever vigilant when faced with a series of No-Consideration Deeds in the chain of title and to be on guard against the possibility of a fraudulent deed transfer. We also recommend that your clients utilize available services offered by your local City Register or County Clerk’s offices which alert owners to any documents recorded against their properties as a means of catching fraudulent transfers as quickly as possible.
When you subscribe to the blog, we will send you an e-mail when there are new updates on the site so you wouldn't miss them.
About the author
Home Abstract Corp. has placed the information on this website as a service to the general public. Use of this website and the information contained thereon does not in any manner constitute legal advice from Home Abstract Corp. to the user. Nothing herein shall serve to create an attorney/client relationship between Home Abstract Corp. and the user. While the information on this site may concern legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own legal counsel. Anyone seeking specific legal advice or assistance concerning the information available on this website should retain their own attorney for such legal counsel.
This website could include inaccuracies or typographical errors. The materials on this website are not guaranteed to be correct, complete, or up‐to‐date after the date of posting. The articles and information on this website are provided AS-IS; without warranty of any kind, either express or implied.
Each individual document published by Home Abstract Corp. on this website may contain other proprietary notices and copyright information relating to that specific document. Home Abstract Corp. hereby authorizes you to view, store, print and copy any pages within this website solely for your personal information and use and not for resale, re-publication, or further on-line or mass distribution. In consideration of this authorization, you agree that (a) any copy of the information or documents which you make shall retain all copyright and other proprietary notices contained herein and (b) nothing on this website shall be reproduced, sold, or distributed to third parties on-line or by mass mailing without the express written consent of Home Abstract Corp.
Some links within the Home Abstract Corp. website may lead to other sites that we believe may be useful or informative. The Home Abstract Corp. website does not incorporate any materials appearing in such linked sites by reference. These links to third party sites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third-party information, products, or services found there. We do not maintain or control these sites and accordingly make no guarantee concerning the accuracy, reliability, or currency of the information found thereon.
