Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Real Property Law
Cancellation of Satisfaction Denied
Green Tree Servicing, LLC v. Ferando NYLJ 5/17/19, p. 23, col. 2 AppDiv, Second Dept. (memorandum opinion)
In an action to cancel and vacate a recorded mortgage satisfaction, mortgagors appealed from Supreme Court's grant of summary judgment to mortgagee. The Appellate Division reversed, holding that mortgagee had not adequately demonstrated that the satisfaction was erroneously or fraudulently issued.
In 2001, mortgagors obtained two loans from GMAC Mortgage Corp, in the amounts of $260,000 and $50,627.43. The first loan was secured by a mortgage executed in 2001 and the second by a mortgage executed in 2004. At the time the 2004 mortgage was executed, mortgagors also executed a consolidation and extension agreement consolidating the two loans into a consolidated $300,000 mortgage. In March 2006, a satisfaction of the mortgage was recorded on behalf of GMAC. In 2015, GMAC's assignee commenced this action for a judgment declaring the satisfaction void because it had been inadvertently and erroneously filed. Supreme Court awarded summary judgment to mortgagee, and mortgagors appealed.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.