Patchogue Security Holding Corp. v. George

The determination of the issues in this case involves the construction of sections 138 and 139 of the Tax Law. For the purposes of this action the present plaintiff, notwithstanding the merger of his mortgage in the referee’s deed, stands in the position of a mortgagee. (People ex rel. Brooklyn Union El. R. R. Co. v. Morgan, 85 App. Div. 292; Matter of Kessler v. Johnston, 253 id. 411.)

I cannot agree with the defendants’ construction that irrespective of any notice to the holder of a mortgage, the lien of his mortgage is extinguished unless he redeems within thirty months after the sale. That…