mortgage raises presumption (New York) · Go Syfert
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mortgage raises presumption in New York

8 New York opinions name it 1 courts 2005–2022 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Lum v. Antonelligreen
nyappdiv · 1984 · cited in 7 New York opinions naming this issue, 2005–2022
2 sentences

2012A 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” (Son Fong Lum v Antonelli, 102 AD2d 258, 260, 261 [1984], affd 64 NY2d 1158 [1985]; see Moffett v Gerardi, 75 AD3d 496, 498 [2010]; John Deere Ins.

2005A certificate of acknowledgment attached to an instrument such as a mortgage raises the presumption of due execution, which presumption, in a case such as this, can be rebutted only after being weighed against any evidence adduced to show that the instrument was not duly executed (see Lum v Antonelli, 102 AD2d 258, 260-261 [1984], affd 64 NY2d 1158 [1985]; see also Albin v First Nationwide Network Mtge.

57
ABN AMRO Mortgage Group, Inc. v. Stephensgreen
nyappdiv · 2012 · cited in 6 New York opinions naming this issue, 2012–2022
2 sentences

2022Group, Inc. v Stephens , 91 AD3d 801, 803 , quoting Son Fong Lum v Antonelli , 102 AD2d 258, 260 , affd 64 NY2d 1158 ; see Lucky's Real Estate Group, LLC v Powell , 189 AD3d 1202, 1204 ). "'[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'" ( Bank of N.Y.

2020Group, Inc. v Stephens , 91 AD3d 801, 803 ; Cruz v Cruz , 37 AD3d 754, 754 ), "[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'" ( U.S. Bank N.A. v Goldin , 160 AD3d 1012 , 1013, quoting ABN AMRO Mtge.

16
Cunningham v. Baldarigreen
nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2017–2018
2 sentences

2018Group, Inc. v Stephens , 91 AD3d 801, 803 , quoting Son Fong Lum v Antonelli , 102 AD2d 258, 260-261 , affd 64 NY2d 1158 ; see Kanterakis v Minos Realty I, LLC , 151 AD3d 950, 951 ; Tribeca Lending Corp. v Huseinovic , 151 AD3d 901, 902 ; Cunningham v Baldari , 100 AD3d 584, 585 ).

2017Group, Inc. v Stephens, 91 AD3d 801 , 803 [2012], quoting Son Fong Lum v Antonelli, 102 AD2d 258, 260-261 [1984], affd 64 NY2d 1158 [1985]; see Cunningham v Baldari, 100 AD3d 584, 585 [2012]). “ ‘[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’ ” (Beshara v Beshara, 51 AD3d 837, 838 [2008], quoting Albany County Sav.

12
Lucky's Real Estate Group, LLC v. Powellgreen
nyappdiv · 2020 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022Group, Inc. v Stephens , 91 AD3d 801, 803 , quoting Son Fong Lum v Antonelli , 102 AD2d 258, 260 , affd 64 NY2d 1158 ; see Lucky's Real Estate Group, LLC v Powell , 189 AD3d 1202, 1204 ). "'[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'" ( Bank of N.Y.

11
Kanterakis v. Minos Realty I, LLCgreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018Group, Inc. v Stephens , 91 AD3d 801, 803 , quoting Son Fong Lum v Antonelli , 102 AD2d 258, 260-261 , affd 64 NY2d 1158 ; see Kanterakis v Minos Realty I, LLC , 151 AD3d 950, 951 ; Tribeca Lending Corp. v Huseinovic , 151 AD3d 901, 902 ; Cunningham v Baldari , 100 AD3d 584, 585 ).

11
Beshara v. Besharagreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Group, Inc. v Stephens, 91 AD3d 801 , 803 [2012], quoting Son Fong Lum v Antonelli, 102 AD2d 258, 260-261 [1984], affd 64 NY2d 1158 [1985]; see Cunningham v Baldari, 100 AD3d 584, 585 [2012]). “ ‘[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’ ” (Beshara v Beshara, 51 AD3d 837, 838 [2008], quoting Albany County Sav.

11
Moffett v. Gerardigreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012A 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” (Son Fong Lum v Antonelli, 102 AD2d 258, 260, 261 [1984], affd 64 NY2d 1158 [1985]; see Moffett v Gerardi, 75 AD3d 496, 498 [2010]; John Deere Ins.

11
John Deere Insurance Co. v. GBE/Alasia Corp.green
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Co. v GBE/Alasia Corp., 57 AD3d 620, 621 [2008]; Olympus Servicing, L.P. v Lee, 56 AD3d 537 [2008]; 39 Coll.

11
Albin v. First Nationwide Network Mortgage Co.green
nyappdiv · 1998 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005Co., 248 AD2d 417, 418 [1998]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Lum v. Antonelli green
ny · 1985
2 sentences

2012A 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” (Son Fong Lum v Antonelli, 102 AD2d 258, 260, 261 [1984], affd 64 NY2d 1158 [1985]; see Moffett v Gerardi, 75 AD3d 496, 498 [2010]; John Deere Ins.

2005A certificate of acknowledgment attached to an instrument such as a mortgage raises the presumption of due execution, which presumption, in a case such as this, can be rebutted only after being weighed against any evidence adduced to show that the instrument was not duly executed (see Lum v Antonelli, 102 AD2d 258, 260-261 [1984], affd 64 NY2d 1158 [1985]; see also Albin v First Nationwide Network Mtge.

72005–2022
Cruz v. Cruz green
nyappdiv · 2007
1 sentence

2020Group, Inc. v Stephens , 91 AD3d 801, 803 ; Cruz v Cruz , 37 AD3d 754, 754 ), "[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'" ( U.S. Bank N.A. v Goldin , 160 AD3d 1012 , 1013, quoting ABN AMRO Mtge.

12020–2020
Tribeca Lending Corp. v. Huseinovic green
nyappdiv · 2017
1 sentence

2018Group, Inc. v Stephens , 91 AD3d 801, 803 , quoting Son Fong Lum v Antonelli , 102 AD2d 258, 260-261 , affd 64 NY2d 1158 ; see Kanterakis v Minos Realty I, LLC , 151 AD3d 950, 951 ; Tribeca Lending Corp. v Huseinovic , 151 AD3d 901, 902 ; Cunningham v Baldari , 100 AD3d 584, 585 ).

12018–2018

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