Bank of New York v. Salone Defendant Randolph was a completely innocent party who found herself ensnarled in a mortgage foreclosure action through no fault of her own; instead, it was due to a forgery committed (apparently at the behest of her tenant-in-common) as a result of the plaintiff-bank's failure to use due diligence in ensuring that the party signing the mortgage documents was, in fact, Randolph. Furthermore, it is the unappealed law of the case that Randolph would be harmed more if the bank were allowed to foreclose than if her brother remained her tenant-in-common.
We affirm the trial court's order granting Randolph's motion for voluntary nonsuit.
Tagged with: Foreclosure forgery Fraud Mortgages
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