In GMAC Mtge. Corp. v. Chan , when GMAC sought to foreclose on a property's mortgage the owners claimed the debt obligation and underlying conveyance weren't valid.
Although three brothers originally owned the parcel, one brother executed a deed conveying the property to himself (and another sibling), took out a mortgage with GMAC, filed for bankruptcy, and died. When GMAC tried to collect the sums due, the remaining brothers claimed their signatures on the loan documents and deed had been forged.
After the Richmond County Supreme Court decided a trial was necessary -- because of the possibility of fraudulent conduct -- the lender appealed to the Appellate Division, Second Department, which agreed with the lower court's determination and sent the case back for a hearing to determine the documents' validity.
Oh, brother!
To download a copy of the Appellate Division's decision, please use this link: GMAC Mtge. Corp. v. Chan