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Deed theft & selling a co-op, can this be done?

Started by ny718
about 9 years ago
Posts: 0
Member since: Nov 2016
Discussion about
My small co-op had two members of the board of directors take out an illegal loan by changing the deed without shareholders knowledge or permission. When loan hit balloon payment, the shareholders were notified in order to pay mortgage. We were told although the deed was changed illegally if we default on loan we all loose the building. The board members are either family related or friends. They refused to prosecute. Two apts are currently fighting in Supreme Court but the loan has defaulted with threat of foreclosure. The board is pushing to sell, can they do that? Also, does the remaining shareholders have first rights to purchase should it come down to foreclosure?
Response by uptown_joe
about 9 years ago
Posts: 293
Member since: Dec 2011

A process for deciding to sell the building (i.e. dissolving the coop) would be governed by the coop proprietary lease and bylaws. Typically it requires a supermajority % of shares, but whatever the documents say is controlling.

Selling/paying would get the lender off your back, but it also sacrifices your leverage in the dispute (the building, and being otherwise unable to pay) and it locks in the losses. You will be left without homes, and the lender walks away with the money (or a big chunk of it, at least). If there is any eventual recourse against the 'rogue' board members' personal funds, or the lender, or your coop's insurance (directors & officers policy?) it would take a long time to reach a judgment and then could be hard to actually collect any cash.

Were the loan proceeds used for coop/building purposes, or for personal enrichment of the individuals?

Is there any indication the lender knew, or should have known, that the borrowers were acting without proper authorization?

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Response by 30yrs_RE_20_in_REO
about 9 years ago
Posts: 9882
Member since: Mar 2009

Has anyone looked into a criminal complaint with the DA's office?

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Response by rb345
about 9 years ago
Posts: 1273
Member since: Jun 2009

1. depends what was forged
2. generally a forged deed conveys no legal or equitable interest in property

3. if deed forged lender should be on constructive notice that it was forged because
original valid deed has been recorded

4. lender's loan might thus be unenforceable

5. but your Coop cant make a payment on the loan without ratifying the forgery and making
the loan enforceable

6. see Rothschild v. Title Guarantee __ NY ___ (1912)

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