Monday, September 29, 2008

Brooklyn Court Refuses To Dismiss Suit Alleging Fraud In Foreclosure Rescue Transaction

In Brooklyn, New York, a lawsuit in which a homeowner claims that he was scammed out of ownership of his former home, and in which he seeks reconveyance of the premises to him has been allowed to continue. In refusing to dismiss the complaint, Brooklyn Supreme Court Justice Arthur Schack ruled that there were triable issues of fact as to whether their the homeowner was fraudulently induced into conveying the premises to the defendant.

For the court's ruling, and the case law cited therein, see Bryan v Lindsay, 2008 NY Slip Op 51781(U); Decided on August 27, 2008.