Diserio Martin O'Connor & Castiglioni LLP

DMOC Successfully Defends Quiet Title Action and Wins Mortgage Reformation and Declaratory Judgment Claim for its Bank Client

July 5, 2016

Richard E. Castiglioni and Timothy P. Moylan successfully represented a Lender against claims that a mortgage was invalid based on the fact that it was not executed by the alleged owners of the property.  Two daughters commenced an action against their mother and the Bank that provided her with a mortgage. They claimed that the house was purchased with cash using their inheritance from their father when they were minors. The mother took title individually and as guardian of the minor children. When she subsequently refinanced the property, she signed individually but not as guardian. According to the Court, Attorneys Castiglioni and Moylan successfully established that the Plaintiffs’ mother was never properly appointed guardian of the estates of the daughters and as a result owned a 100% fee simple interest in the property which she mortgaged to the Defendant.  The Court further entered a declaratory judgment that the mortgage encumbered 100% of the property free from any claims of the Plaintiffs.