Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Real Property Law
Mortgagee's Action to Vacate Tax Sale Should Not Have Been Dismissed Even Though Redemption Period Had Expired
Newrez, LLC v. City of Middletown, 2023 WL 3215240, AppDiv, Second Dept. (memorandum opinion)
In mortgagee's action to determine adverse claims to real property, the mortgagee appealed from Supreme Court's order denying mortgagee's motion to vacate an order dismissing its complaint. The Appellate Division reversed, holding that the complaint should not have been dismissed even though the mortgagee moved to vacate a tax sale after the redemption period had expired.
On Dec. 29, 2018, the city conducted an auction of tax liens, including one on the subject property. The auction resulted in a successful bid. The terms of sale for the action specified that the redemption period would expire on Dec. 30, 2019. On Oct. 1, 2019, mortgagee acquired an assignment of an existing mortgage. On Jan. 2, 2020 — three days after the redemption period expires — mortgagee requested an opportunity to redeem the lien, but was informed that the period had expired. Mortgagee then brought this action to vacate the tax lien sale and to compel the city to accept payment for redemption of the lien. When the city failed to respond, mortgagee sought leave to enter a default judgment. Supreme Court, on its own motion, denied mortgagee's motion and directed dismissal of the complaint. Mortgagee appealed from dismissal of the complaint.
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
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.