Summary: Johnson & Borenstein represented the holder of a first mortgage affecting land improved by an apartment building located in Boston. However, a deed conveying the property to the bank's borrower was inadvertently left unrecorded. At Foreclosure, the borrower's title (and thus the bank's mortgage) were contested by a prior co-owner on a variety of issues, including forgery and fraud, among others. Johnson & Borenstein initially prevailed by summary judgment on a count of equitable subrogation. The full facts of the case were later tried and the court entered judgment finding that the contested deed was valid and the bank's mortgage enforceable. The Defendant appealed, however, the trial judgment was upheld.
Conclusion:
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