McKay v. Longman

 on December 25th, 2021

Supreme Court of Connecticut affirmed the trail court’s decision denying plaintiff’s claims to vacate the insured’s mortgage recorded prior to the filing of plaintiff’s lis pendens. Supreme Court rejected claims the insured was not a bone fide encumbrancer for value and that plaintiff was entitled to “reverse pierce” the corporate veil of the insured borrower to gain priority.

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In re the Matter of Rezzolla

 on December 25th, 2021

Appellate Division decision of first impression holding that seller’s attorney had no authority at closing to attach grantor’s valid signature page on a prior deed to the deed of conveyance, thereby rendering the deed void.

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In re Stillwater Asset Backed Offshore Fund, Ltd.

 on March 26th, 2018

Chapter 7 liquidating trustee failed to state a claim to recover assets transferred by debtor on the basis of a fraudulent transfer where the asset had been transferred as pre-petition sale in exchange for promise of preferred stock in the purchaser to be issued in six months. Consequently the complaint did not plead a fraudulent transfer but rather a claim for breach of contract despite the purchaser’s failure to eventually issue the stock and the purchaser’s subsequent fraudulent transfer of its assets to third-parties. Moreover liquidating trustee’s claim that the asset sold by had been converted pre-petition by purchaser, that title therefore remained with the trustee and defendants were therefore liable for conversion of the assets, was dismissed. Complaint failed to state a fiduciary relation between debtor and the purchasers that would give rise to a conversion claim on behalf of the debtor.

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