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Evidence Supported Finding Certificate of Acknowledgment Attached to Deed Was Forged

In affirming the trial court’s determination a power of attorney (a certificate of acknowledgment) had been forged, thereby rendering a deed and five mortgages void, the Second Department wrote:

“A certificate of acknowledgment attached to an instrument such as a deed raises a presumption of due execution” … . “[A] certificate of acknowledgment should not be overthrown upon evidence of a doubtful character, such as the unsupported testimony of interested witnesses, nor upon a bare preponderance of evidence, but only on proof so clear and convincing so as to amount to a moral certainty” … . …

…[W]e find on this record that there nonetheless existed clear and convincing evidence that the power of attorney was in fact forged, particularly in light of the undisputed evidence showing that the plaintiff, as the former owner of the subject property, received no consideration from the sale of the property or from the subject mortgage loans. Neuman v Neuman, 2013 NY Slip Op 05885, 2nd Dept 9-18-13

 

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