In Cruz v. Cruz (37 AD3d 754 [2d Dept 2007]) the decedent died intestate, survived by six children. Included in his estate was a piece of real property. One of the children executed a deed conveying the entire interest in the property to himself as the sole heir. He then obtained a loan secured by a mortgage and subsequently died. The other children brought an action to rescind the deed and mortgage, which was granted. On appeal, Appellate Division, Second Department affirmed the trial court's rescission of the deed and mortgage, stating that the Supreme Court "correctly cancelled the deed and mortgage which were obtained under false pretenses. Under these circumstances, the mortgagee's only recourse is to file a claim against the estate of [the deceased child]." (id. At 754).