Legal Question in Real Estate Law in New York

statute of limitations on forged real estate transaction transferring property

My husband purchased a house (1977) with another individual(partnership). My husband died. (1988) Two years after his death (1990)the house was transferred to another individual and mortgaged. (I just found this out thanks to the internet and having access to public records via the internet. My husband's signature was forged. His partner has died. The lawyer that drew up the partnership has died. The house has since been deeded (sold) to another individual. What are my rights and our children's rights? Can I file a lis pendis (if so how)? Can I file a claim against the title companies (if so which one)? The company used in 1990 or the one used in the lastest sale or deeded transaction? The house was purchased for $16,500.00 in 1977. A satisfaction of mortgage was just filed in Sept 2004 for $197,000.00 remainder of a $297,000 mortgage. I had been in touch with the seller of the house (1977) before my husband died and was advised that the mortgage was not being paid. My husband's ''partner'' took over the building, rents, etc (like a common thug) and everyone was afraid of him including my husband (he didn't want the children and me to be hurt in any way) and the seller.

Your advice would be greatly appreciated.


Asked on 10/18/04, 12:11 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: statute of limitations on forged real estate transaction transferring proper

You should find an attorney familiar with real estate and estate matters and, unless you are out of time (a legal concept called laches -ask the attorney about this), immediately file a suit to make your claim. I am presuming the Deed in 2000 was dated after your husband's death, which would establish the fraud. You should be aware that some of your claims are against people no longer around, sice they died, and the possibility of collecting may be slim. Also, be aware the current owner may claim he was a bona fide purchaser for value (presuming he did not know about the prior fraud) and this concept may prevent you from asserting a claim against the property itself or the new owner. You may have a claim against the original title company if they failed to check on your husband's status as a living person, but they may claim they were defrauded also, although in NY many times a title company will do the closing or have a representative at the closing, so there is a question of their knowledge. You might want to check who notarized your husband's signature and what steps were taken, if any, that the person signing for your husband had proper identification. If it was a title company notary, this might overcome their claim of being defrauded.

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Answered on 10/18/04, 2:32 pm


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