Discussion and analysis of several recent rulings.
Mis-indexed Mortgage Does Not Provide Constructive Notice
PHH Mortgage Corp. v. Peters
NYLJ 1/24/11
Supreme Court, N.Y. Cty.
(Madden, J.)
In an action to foreclose a mortgage, defendant fee owner and subsequent mortgagee moved for summary judgment dismissing the complaint against them, and also moved for summary judgment on their counterclaim for a declaration that plaintiff-mortgagee's mortgage is subject to and subordinate to the owner's deed and the subsequent mortgage.
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