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June 10, 2019
Adversary Proceeding Dismissed and Appeal Denied in Case Involving Mortgage Loans and Title Property

Joseph Fortner represented a company acquired by Ares Management (Pillar Processing) in two separate proceedings: Everton Sterling v. Steven J. Baum, PC, et al. (Adversary Proceeding) and Everton Sterling v. Deutsche Bank, et al. (Federal RICO Action) which was purported to arise from mortgage loans and title questions involving a property in the Bronx, New York. In both the Adversary Action pending in the SDNY Bankruptcy Court, and the RICO Action pending in District Court in the SDNY, Sterling, a serial pro se litigant, asserted that he was the victim of various purportedly wrongful activities relating to property that he claimed to own. Our client was the company which processed loan documentation and other materials relating to properties, including, allegedly, the property which plaintiff claimed to own. The adversary proceeding was dismissed based upon a Motion to Dismiss filed on behalf of Pillar Processing; appeal to the District Court has been denied. RICO action is presently subject to a pending Rule 12(b)(6) Motion to Dismiss.

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Joseph G. Fortner, Jr.
Litigation & Dispute Resolution
Commercial Litigation