The applicant brought a motion for a certificate of pending litigation (CPL) against three properties, alleging that his brother and other family members fraudulently transferred a property held in trust and used the mortgage funds to purchase two other properties.
The court found a triable issue regarding the applicant's interest in two of the properties based on a written trust agreement and the respondents' failure to answer undertakings regarding the use of mortgage funds.
The court granted the CPL for those two properties but dismissed the motion regarding the third property because it was co-owned by non-parties who had not received notice.
