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Landlord Tenant Law

Inconsistent Property Description Does Not Invalidate Mortgage

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.

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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., 2022 WL 4585302, the United States 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.

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