Legal Opinion
Dorothy M. Faison v. Tonya Lewis
New York Court of Appeals
Decided May 12, 2015No. 46PublishedCited by 84 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera., J.
The legal question raised in this appeal is whether plaintiff Dorothy Faison is time-barred under CPLR 213 (8) from seeking to set aside and cancel, as null and void, defendant Bank of America’s mortgage interest in real property conveyed on the authority of a forged deed. Under our prior case law it is well-settled that a forged deed is void ab initio, meaning a legal nullity at its inception. As such, any encumbrance upon real property based on a forged deed is null and void. Therefore, the statute of limitations set forth in CPLR 213 (8) does not foreclose…
2Cases cited24 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Holy Properties Ltd. v. Kenneth Cole Productions, Inc.New York Court of Appeals · 1995
- Marden v. . DorthyNew York Court of Appeals · 1899
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.New York Court of Appeals · 1981
19 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Nomura Home Equity Loan, Inc., Series 2006-FM2 v. Nomura Credit & Capital, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Deutsche Bank Natl. Trust Co. v. Flagstar Capital Mkts.New York Court of Appeals · 2018
- Trust v. BaruaAppellate Division of the Supreme Court of the State of New York · 2020
- Bank of New York Mellon v. WMC Mortgage, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Jacobson Dev. Group, LLC v. GrossmanAppellate Division of the Supreme Court of the State of New York · 2021
79 more not listed; retrieve them via the Exa API.