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An Estate Administrator Seeks to Bar Property Transfer


A deceased wife, who owned a property at Brooklyn, has taken sole title as an occupant by the entirety following the death of her husband. The day after the death of the wife, a woman performed a deed whereby she allegedly conveyed, as the estate administrator and titled the property to herself as recipient. The woman performed a mortgage on the property in favor of a financial institution to secure a loan in the amount of $250,000.00. Consequently, the woman again performed a mortgage on the property in favor of a mortgage company to secure a loan in the amount of $340,000.00. According to the settlement, the mortgage transaction proceeds totaling $251,237.66 were used to pay off the prior financial institution’s mortgage. A New York Probate Lawyer said the approval of the financial institution’s mortgage was then recorded.

The complainant, a mortgage company, issued an approval of its $340,000.00 mortgage, apparently in error. The approval of the complainant’s mortgage was then recorded. Afterwards, the complainant filed a notice of pendency on the property and initiated the instant action to vacate the approval of mortgage and to restore its mortgage lien to its priority position.

Consequently, another woman claiming to be the administrator the estate (estate administration) moved for an order to cancel the notice of pendency, permanently barring as a lien and discharging of record to a certain mortgage on the property. The woman commenced an action against the first administrator to vacate and discharge of record the deed allegedly conveying title to the first administrator. In her complaint, she alleged that she was the sister and next of kin of the deceased wife and her interest in the property accrued upon the death of her sister. In addition, no will of the deceased wife has been probated in Kings County or elsewhere. She alleged that the first administrator had no power to convey the property of her deceased sister’s assets and the deed should therefore be nullified and discharged of record.

Despite the fact that it had previously filed a notice of pendency against the property, the mortgage company was not named as one of the opponent in the woman’s action. As a result, the first administrator filed an answer to the woman’s complaint which contained general denials and no affirmative defenses. Nassau County Probate Lawyers said by the decision of the court, the woman’s complaint was granted a decision without trial and the deed to the first administrator was considered to be null and void. The city register was directed upon presentation of a certified copy of the decision, to cancel and discharge the record of the deed.

The part of the woman’s motion for cancellation of the notice of pendency filed by the mortgage company is appropriately denied by the court.

The woman further sought the mortgage company from asserting any mortgage lien against the property based on the decision nullifying the deed of the first administrator. The woman also argues that since the first administrator was deemed and never had a valid interest in the property, she then had no power to perform the mortgage in favor of the mortgage company. However, there is no argument that the woman initiated her action subsequent to the mortgage company’s filing of the notice of pendency in the action, yet failed to join the complainant as a party opponent.

In opposition to the woman’s motion, the mortgage company submits a copy of a proposed last will and testament of the deceased wife. Suffolk County Probate Lawyers said as a result of the proceeding, the part of the woman’s motion for an order discharging, cancelling or barring the assertion of any mortgage lien in favor of the mortgage company is denied.

It is difficult to secure a property nowadays because of the people who would do anything just to acquire things they don’t own. If you want to make your belongings secure, ask help from the Kings County Estate Attorneys to prepare your last will and testament. If you need to validate someone’s will, you can have the Kings County Probate Lawyers handle the case. The Kings County Will Contest Lawyer at Stephen Bilkis and Associates can also be your legal counsel for a lawsuit arising from last and will testament dispute.

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