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DEAD WOMAN SIGNING

00321217.jpgWhen the First National Bank of Nevada started a foreclosure proceeding, the Administratrix of the Estate of Kathy Briggs challenged the validity of the debt and the underlying transaction.

While the Queens County Supreme Court found in the bank's favor, the Appellate Division, Second Department, reversed--finding unresolved issues which warranted a formal hearing or trial.

Apparently, the deed was executed by Alfred St. Dic, who had supposedly been given a power of attorney by Briggs on December 18, 2003. The problem was that Briggs had died a month earlier.

If the signature was forged, the power of attorney wasn't valid, "nothing" could have been conveyed, and the foreclosure proceeding wasn't maintainable.

Holy Houdini!

00041127.gifTo view a copy of the Appellate Division's decision, please use this link: First National Bank of Nev. v. William

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