FLEMING-JACKSON v. FLEMING


41 A.D.3d 175 (2007)

838 N.Y.S.2d 506

PATRICIA L. FLEMING-JACKSON et al., Respondents, v. HANSEL FLEMING et al., Defendants, and WASHINGTON MUTUAL BANK FA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 12, 2007.


A bona fide purchaser or encumbrancer for value is protected in its title unless it had previous notice of the fraudulent intent of its immediate grantor (Real Property Law § 266). Appellant mortgagee made a prima facie showing that it was a bona fide encumbrancer by showing that a title search revealed that its mortgagors (and codefendants) were the record owners of the subject property and that there were no recorded contracts...

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