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Action Alleging Forged Deed Withstands Multiple Defenses on Motion to Dismiss

Oct 24, 2023Litigation & Dispute Resolution

If a deed conveying real property is truly forged, the law provides the owner of the property whose signature was forged with robust remedies that can withstand virtually any legal (or equitable) defense. I have described the definitive consequences of a forged deed in several posts, most recently in “‘Void or Voidable’ in Fraud, Visited Again.”

A recent decision of the Appellate Division, Second Department, reviews the applicable legal principles and rejects every attempt by the defendant to dismiss the complaint: Simmons v Bell, 2023 NY Slip Op 04963 (2d Dep’t Decided Oct. 4, 2023).

Deeds Conveying Real Property

Because a deed is a powerful legal document that effectuates the relinquishment and transfer of all rights and interests in real property, the law imposes formal requirements on the process of signing the deed in an effort to assure its authenticity. New York Real Property Law Section 309-a(1) provides the legal requirements for an instrument intending to convey real property:

Read the full blog here.