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Cooperatives & Condominiums
Vague Purchase Contract
Bohensky v. 3912 Rainspring, LLC
NYLJ 3/3/17, p. 37, col. 4
AppDiv, Second Dept.
(memorandum opinion)
In an action to foreclose a mortgage on a condominium unit, the unit's occupants appealed from Supreme Court's order striking their affirmative defense alleging that mortgagee was not a bona fide encumbrancer. The Appellate Division affirmed, holding that although occupants' possession placed mortgagee on inquiry notice, inquiry would have revealed that occupants had no claim to the subject unit.
In 2008, Kenner, a member of 3912 Rainspring, the sponsor of the condominium complex, executed a note to mortgagee, secured by a mortgage on unit A-3, located at a specified street address. Occupants had been in possession of the apartment since November 2007. When, in 2013, mortgagee brought this action to foreclose on the mortgage, occupants contended that their rights were superior to those of the mortgagee, relying on a contract they had signed with 3912 Rainspring before taking possession. Supreme Court awarded summary judgment to mortgagee, and occupants appealed.
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