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Mortgages on Tenancy by the Entireties Properties

The rights of a mortgagee with respect to property held by a married couple as tenants by the entirety engenders considerable confusion, sometimes leading to litigation even of easy cases..

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The rights of a mortgagee with respect to property held by a married couple as tenants by the entirety engenders considerable confusion, sometimes leading to litigation even of easy cases, where there should be no dispute. The Second Department confronted such a case last year in Deutsche Bank Nation Trust Co. v. Feliciano, NYLJ 4/19/13, p. 33, col. 1. Unfortunately, not every case is so easy, and the treatment of mortgagee rights in the New York courts has been cryptic at best.

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