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THE CERTIFICATES OF ACKNOWLEDGMENT FOR THE DEED AND OTHER DOCUMENTS DEMONSTRATING PLAINTIFF’S OWNERSHIP OF THE REAL PROPERTY CREATED A PRESUMPTION OF DUE EXECUTION WHICH WAS NOT OVERCOME BY DEFENDANTS’ ALLEGATIONS OF FORGERY (SECOND DEPT). ​

​The Second Department, reversing Supreme Court, determined plaintiff’s motion for summary judgment declaring she was the sole owner of real property should have been granted. The certificates of acknowledgment for the deed and other documents created a presumption of due execution which the defendants’ allegations of forgery did not overcome:

“A certificate of acknowledgment attached to an instrument such as a deed or a mortgage raises the presumption of due execution, ‘which presumption . . . can be rebutted only after being weighed against any evidence adduced to show that the subject instrument was not duly executed'” … . “‘[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 as to amount to a moral certainty'” … . …

… [T]he defendants failed to raise a triable issue of fact. The affidavits of interested parties submitted by the defendants were insufficient to rebut the presumption of due execution arising from the notarized certificates of acknowledgment accompanying the 1950 documents and the 1952 deed … . Oro v Figeroa, 2022 NY Slip Op 05327, Second Dept 9-28-22

Practice Point: Certificates of acknowledgment included in a deed or other documents create a presumption of due execution. Here the presumption of due execution was not overcome by allegations of forgery.​

 

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