You are here: / / RECORDING THE DEED IS NOT NECESSARY FOR THE TRANSFER OF TITLE; THEREFORE...
,

RECORDING THE DEED IS NOT NECESSARY FOR THE TRANSFER OF TITLE; THEREFORE A FORGED SIGNATURE ON THE TRANSFER DOCUMENT DOES NOT RENDER THE DEED VOID (SECOND DEPT).

The Second Department noted that a forged signature on the transfer document necessary to record a deed would not render the deed void:

“A deed that is forged is a legal nullity, which conveys nothing, and a mortgage based on such a deed is likewise invalid” … . A deed that is “acquired by fraudulent means,” however, is merely voidable … . A “voidable deed, ‘until set aside, . . . has the effect of transferring the title to the fraudulent grantee, and . . . being thus clothed with all the evidences of good title, may incumber the property to a party who becomes a purchaser in good faith'” … .

… [T]he plaintiff claims that [the grantor’s] signature on an RP-5217-NYC transfer document necessary to record the deed was forged. However, “recording is not required in order to transfer title to real property” … . “In order to transfer title, an executed deed must be delivered to and accepted by the grantee” … . Consequently, title to the property was transferred to [the grantee] upon delivery to and acceptance of the executed deed by [the grantee], and any forged signature on the RP-5217-NYC transfer document necessary to record the deed would not affect the validity of the transfer of title or of the subsequent mortgage … . Canecchia v Richmond Assoc. NY, LLC, 2025 NY Slip Op 01341, Second Dept 3-12-25

Practice Point: Title is transferred by delivery and acceptance of an executed deed. Recording the deed is not a necessary component of the transfer of title.

 

You might also like
FOR CAUSE CHALLENGE TO A JUROR SHOULD HAVE BEEN GRANTED, NEW TRIAL ORDERED (FIRST DEPT).
PLAINTIFF DID NOT SUBMIT SUFFICIENT PROOF OF COMPLIANCE WITH RPAPL 1304 AND DID NOT SUBMIT SUFFICIENT PROOF OF STANDING; PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT IN THIS FORECLOSURE ACTION SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
INDICTMENTS IN TWO COUNTIES RELATED TO THE SAME CONTINUOUS CONDUCT AND THE SAME VICTIM; DEFENDANT’S CONVICTION BY GUILTY PLEA IN NASSAU COUNTY AFTER A GUILTY PLEA IN SUFFOLK COUNTY VIOLATED THE DOUBLE JEOPARDY CLAUSE (SECOND DEPT).
DEFENDANT’S MOTION TO CANCEL AND DISCHARGE THE MORTGAGE BASED ON THE EXPIRATION OF THE STATUTE OF LIMITATIONS SHOULD HAVE BEEN GRANTED, NO GROUNDS FOR IMPOSING AN EQUITABLE MORTGAGE IN FAVOR OF PLAINTIFF (SECOND DEPT).
POLICE OFFICER’S ALLEGED OBSERVATION OF A DRUG DEAL WAS DEEMED INCREDIBLE AS A MATTER OF LAW, MOTION TO SUPPRESS SHOULD HAVE BEEN GRANTED, INDICTMENT DISMISSED (SECOND DEPT).
Child’s Out-Of-Court Statements Insufficient to Support Abuse Finding
Warrantless Search of a Backpack Dropped During a Struggle with Police Was Not a Valid Search Incident to Arrest
IN THIS TRAFFIC-ACCIDENT DAMAGES TRIAL, THE DEFENDANT OFFERED PHOTOGRAPHS OF PLAINTIFF’S DAMAGED VEHICLE AND PLAINTIFF’S EMPLOYMENT RECORDS WHICH WERE ADMITTED INTO EVIDENCE WITHOUT PROPER FOUNDATIONS; NEW TRIAL ORDERED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

BOTH INSURANCE POLICIES WERE DEEMED TO COVER SEXUAL HARASSMENT CLAIMS AGAINST... WHERE THE ESSENCE OF A MEDICAL MALPRACTICE ACTION IS THE FAILURE TO PROPERLY...