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Inconsistent Property Description Does Not Invalidate Mortgage
By Stewart E. Sterk
Can a purchaser of a condominium unit at the condominium board’s foreclosure sale take free of a prior mortgage by identifying errors or ambiguities in the mortgage documents? In 21647 LLC v. Deutsche National Trust Co., the District Court for the Southern District of New York rejected a bevy of claims raised by the purchaser and held that the purchaser had constructive notice of the mortgage and took subject to the mortgage’s priority.
By NYRE Staff
Article 78 Proceeding Not Ripe Even Though ZBA Had Not Made a Decision Within 62-Day Time Limit
Challenge to Landmark Designation Was Ripe and Stated Plausible Taking and Due Process Claims
Landowner Did Not Acquire Vested Rights Based on Invalidly Issued Building Permit
ZBA’s Grant of Special Use Permit Upheld
By NYRE Staff
Foreclosure Sale Purchaser Has Standing to Bring Strict Foreclosure Proceeding
Forgery Allegations Did Not Raise Question of Fact to Rebut Certificate of Acknowledgment
By NYRE Staff
Comparable Sales Sufficient to Support Eminent Domain Award
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