Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Plotch v. Wells Fargo Bank N.A.

Lack of Notice Claim Over Notary's Illegible Signature on Recorded Documents Is Rejected

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDEROn January 8, 2018, I issued an Opinion and Order (the “January Order”) dismissing plaintiff Adam Plotch’s complaint seeking invalidation of mortgages and loan agreements connected to real property located at 387 Adelphi Street in Brooklyn (“the property”), and declaratory judgements that his rights to the property are superior to those of defendant Wells Fargo Bank, N.A. (“Wells Fargo”). Plotch now moves, pursuant to Federal Rule of Civil Procedure 1 5(a)(2), to amend his complaint to add claims for invalidation of a 2005 Consolidated, Extension, and Modification Agreement (“2005 CEMA”) and a 2005 Consolidated Mortgage on the property that the previous owner Philip McKenzie (“McKenzie”) executed in favor of Wells Fargo. Wells Fargo opposes the motion on the ground that plaintiff’s Proposed Amended Complaint (“PAC”) would be futile as it fails to state a claim. For the reasons set forth below, plaintiff’s motion is denied.I. BackgroundThe factual allegations of the original complaint are set forth in the January Order, familiarity with which is presumed. The January Order concluded that “the 2005 Consolidated Mortgage supersedes the prior mortgages and is the mortgage critical to the rights of the parties.” January Order, at 7. As plaintiff had not challenged the validity of the 2005 Consolidated Mortgage in his original complaint, I granted defendant’s motion to dismiss pursuant to Rule 12(b)(6) for failure to state a claim.Plaintiff now moves to amend his complaint to add claims concerning the 2005 CEMA and 2005 Consolidated Mortgage. As to both, plaintiff argues that, because McKenzie’s signatures on the recorded copies of those documents were “not properly witnessed, notarized, or acknowledged,” those documents “[do] not meet the requirements for recording in [the] Kings County land records,” and therefore cannot be enforced against him. PAC at

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Paralegal/Legal Assistant

Eichen Crutchlow Zaslow LLP is a highly regarded legal firm based in Edison, New Jersey. The firm specializes in medical malpractice and per...


Apply Now ›
Associate Professor or Professor of Law

The George Washington University Law School invites applications for multiple tenure-track or tenured faculty appointments, at the rank of A...


Apply Now ›
Employment Attorneys Senior Counsel - Los Angeles, Ventura, California

Gordon Rees Scully Mansukhani has an immediate opening for experienced Employment Attorneys in its Los Angeles and Ventura offices. Candida...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements