• Features

    Inconsistent Property Description Does Not Invalidate Mortgage

    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.

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  • Columns & Departments

    Co-ops and Condominiums

    New York Real Estate Law Reporter Staff

    Foreclosure on Lien for Common Charges Not Dismissed
    Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure

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  • Columns & Departments

    Landlord & Tenant Law

    New York Real Estate Law Reporter Staff

    Illegality Defense Raises Questions of Fact
    Good Guy Guaranty Not Released
    Exchange of Texts Does Not Constitute Settlement Agreement
    Landlord’s Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal

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  • Columns & Departments

    Development

    New York Real Estate Law Reporter Staff

    Boathouse Not an Impermissible Second Dwelling
    Reduction In Size Did Not Alter Nonconforming Use Status
    Local Ordinance Did Not Prohibit Short-Term Rentals

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  • Columns & Departments

    Real Property Law

    No Adverse Possession Because Possessor Had No Reasonable Basis for Belief
    Quiet Title Claim Dismissed When Claimant’s Deed Was the Product of Scrivener’s Error
    Action to Remove Cloud On Title Not Barred By Statute of Limitations
    Obstruction of View Not a Nuisance
    Unrecorded Easement Binding On Servient Owner With Actual Notice
    Nominal Damages Available for De Minimis Encroachment

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