United States v. General Douglas MacArthur Senior Village, Inc.
District Court, E.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge.
This is an action to foreclose a mortgage held by the Secretary of Housing and Urban Development on real property located in Hempstead, New York. 28 U.S.C. § 1345. Plaintiff’s motion for summary judgment presents a dispositive legal issue of some importance to financially pressed municipalities: are liens for local taxes arising and accruing subsequent to the recording of a federally-held mortgage superior to the mortgage lien? For the reasons stated below, the answer is yes.
I
FACTS
The relevant facts are uncontested. General Douglas MacArthur…
2Cases cited27 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Aquilino v. United StatesSupreme Court of the United States · 1960
- United States v. City of New BritainSupreme Court of the United States · 1954
- Funk v. United StatesSupreme Court of the United States · 1933
- Reconstruction Finance Corporation v. Beaver CountySupreme Court of the United States · 1946
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3Cited by5 opinions
- United States v. General Douglas MacArthur Senior Village, Inc., D.C.R. Holding Corp.Court of Appeals for the Second Circuit · 1974
- United States v. General Douglas MacArthur Senior Village, Inc.Court of Appeals for the Second Circuit · 1972
- United States v. General Douglas MacArthur Senior Village, Inc.District Court, E.D. New York · 1973
- United States v. General Douglas MacArthur Senior Village, Inc., D.C.R. Holding Corp.Court of Appeals for the Second Circuit · 1974
- United States v. General Douglas MacArthur Senior Village, Inc., D.C.R. Holding Corp.Court of Appeals for the Second Circuit · 1974