Hudson Valley Bank v. Kissel

Opinion

McLACHLAN, J.

This appeal concerns the distribution of the surplus proceeds from a foreclosure sale of property encumbered by multiple successive mortgages obtained through fraud. The defendant Stewart Title Guaranty Company (Stewart Title) appeals 1 from the judgment of the trial court rendered in favor of the defendant First American Title Insurance Company (First American), 2 and ordering that the remaining proceeds of a foreclosure sale, which were on deposit with the clerk of the Superior Court, be distributed to First American. Stewart Title claims that the trial court: (1)…