Fraud verdict is upheld
Gabriela Giura and three relatives sustained their fraud verdict against Aldo Bartolomeo and Source One Mortgage Corporation, doing business as Maximum Mortgage. The Defendants had appealed, arguing that the lower court erred by not affording the plaintiffs' signatures a "presumption" of authenticity. The Court held that the initial presumption that the plaintiffs' signatures on real estate documents and promissory notes were genuine was overcome by straightforward testimony denying that the Plaintiffs' executed the documents. Since the evidence presented by the Plaintiffs was clear, positive and credible, the lower court was within its authority in rejecting the presumption created by notarization.